CC - Item 5B - Del Mar Ave Tree Planting ProjectROSEMEAD CITY COUNCIL
STAFF REPORT
TO: THE HONORABLE MAYOR AND CITY NCIL
FROM: JEFF STEWART, CITY MANAGER
DATE: MAY 12, 2009
SUBJECT: DEL MAR AVENUE TREE PLANTING PROJECT
SUMMARY
As part of the City's Fiscal Year 2008-09 Capital Improvement Program, the City
Council approved a project entitled, "Del Mar Avenue Resurfacing". The limits of the
project are from Garvey Avenue to Highcliff Street. Tree planting in parkway areas on
Del Mar was included to contribute to the overall efforts of beautification and urban
forestation in the City.
In an effort to attract the most economical bid for the tree planting portion of the project,
which requires a different contractual trade than the regular resurfacing work, the
project was split into two contracts: One for the tree planting work and the second for
the resurfacing-related work.
Subsequent to an informal competitive bid, a contract with CLS Landscape (Attachment
1) was approved by the City Manager in the amount of $21,274.55. Excavation of tree
well locations including concrete cutting and concrete removal began on April 22, 2009.
All cutout locations have since been backfilled with dirt to minimize potential safety
concerns. Since then, work has stopped pending further direction from the City Council.
Staff Recommendation
Staff recommends that the City Council direct staff to:
Meet with residents along Del Mar Avenue to discuss the tree planting project
and the 3 tree species recommended for planting;
2. Survey Del Mar Avenue residents and determine if there is a desire to move
forward with tree planting;
Present the results of the neighborhood surveys to the City Council at its next
meeting, and make a final staff recommendation.
APPROVED FOR CITY CCUNCIL AGENDA:
City Council Meeting
May 12, 2009
Page 2 of 3
DISCUSSION
The City's Public Works Services Business Unit is responsible for the maintenance and
care of 4,500 trees located in the public right-of-way and on public property. This
includes trimming, planting, root pruning, tree removal, tree inspections, and tree
cleanup during storms and emergency situations. The City also maintains a street tree
list to help ensure an appropriate diversity in tree species and provide a sustainable
urban forest.
In reviewing the street tree list, staff found several tree vacancies in parkway locations
along Del Mar Avenue. After evaluating these locations, staff recommended planting 55
trees along Del Mar Avenue from Garvey Avenue to Highcliff Street in conjunction with
a planned resurfacing project. After executing contract documents and verifying
insurance requirements, staff authorized CLS to proceed with the project starting April
22, 2009. Prior to citing each planting location, staff analyzed the proximity to existing
trees and power lines in order to minimize future maintenance problems. Parkway
spaces were also reviewed to ensure that accessible walkways were maintained per
ADA requirements.
Altogether, this project calls for the addition of 55 trees in vacant locations along Del
Mar Ave. To date, the contractor completed excavation of tree well locations including
concrete cutting and concrete removal at 55 cited locations. Each of these locations
has been backfilled with dirt to eliminate trip hazards. The contractor has been directed
not to perform any additional work until staff is given further direction from the City
Council.
The tree species that are being recommended for planting include the Gold Medallion
Tree, Pink Trumpet Tree, and Evergreen Pear Tree (Attachment 2). These species are
recommended for several reasons including low maintenance costs, pest/disease
resistance, and aesthetics/appearance.
FINANCIAL REVIEW
Funding for this project is provided in the City's approved FY 2008-09 Public Works
budget (Gas Tax Funds).
ENVIRONMENTAL REVIEW
The project is categorically exempt from the California Environmental Quality Act
(CEQA) pursuant to Section 15304 (a) of the CEQA Implementing Guidelines. This
exemption covers projects involving minor alterations of land that do not have a
significant effect on the environment.
PUBLIC NOTICE
This agenda item has been noticed through the regular agenda notification process.
City Council Meeting
May 12, 2009
Page 3 of 3
Submitted by:
Chris Marcarello
Deputy Public Works Director
(1) Attachment 1 - Agreement with CLS Landscape
(2) Attachment 2 - Tree Planting Outreach Materials
ATTACHMENT 1
Co pd
CITY OF ROSEMEAD
AGREEMENT FOR CONTRACT SERVICES
PARTIES AND DATE.
This Agreement is made and entered into this
Rosemead, Vi ay
a municipal
I 20C.9 by and between the City of
located at 8838 E. Valley Blvd., Rosemead,
corporation of the State of Califomia, ementInc oration, with its
California 91770, ("City") and CLS Landscape Manag, a corporation,
principal place of business at 4711
individually referred to as
sometimes
referred to as "Contractor"). City and Contractor 711 Schaefer Avenue,
"Party" and collectively as "Parties" in this Agreement.
2, RECITALS.
21 Contractor.
Contractor desires to perform and assume responsibility for the provision of certain
maintenance services required by the City on the terms and conditions set forth in this provi
andscape Agreement. Contractor represents that it is exp b~ntradclto s ha aenallLne essary licenses
to public clients, that it and its employees or su
and permits to perform the Services in the State of California, and that is familiar with the
plans of City.
2.2 Project.
` City desires to engage Contractor to render such services for the Tree Planting
project on Del Mar Avenue ("Project") as set forth In this Agreement.
3. TERMS.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Contractor promises and agrees to incidental and to the Owner all labor, materials, tools, equipment, se vicesion and
landscape and
furnish to fully and adequately supply the profes
customary work necessary for the Project ("Services"). The Services. are more
incorporated
tree panting services necessary articularly described in Exhibit "A" attached hereto and r herein by reference.
with, this Agreement, the
p performed in acco
All Services shall be subject to, and p livable local,
exhibits attached hereto and incorporated herein by reference, and all app
state and federal laws, rules and regulations.
May 20,
3.1.2 Term. The term of this Agreement bshall complete Othe Services
2009 unless earlier terminated as provided herein. Contracto
within the term of this Agreement, and shall meet any other established schedules and
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deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement
if necessary to complete the Services.
3.2 Responsibilities of Contractor.
3.2.1 Control and Payment of Subordinates; Independent Contractor. The
Services shall be performed by Contractor or under its supervision. Contractor will
determine the means, methods and details of performing the Services subject to the
requirements of this Agreement. City retains Contractor on an independent contractor
basis and not as an employee. Contractor retains the right to perform similar or different
services for others during the term of this Agreement. Any additional personnel performing
the Services under this Agreement on behalf of Contractor shall also not be employees of
City and shall at all times be under Contractor's exclusive direction and control. Contractor
shall pay all wages, salaries, and other amounts due such personnel in connection with
their performance of Services under this Agreement and as required by law. Contractor
shall be responsible for all reports and obligations respecting such additional personnel,
including, but not limited to: social security taxes, income tax withholding, unemployment
insurance, disability insurance, and workers' compensation insurance.
3.2.2 Schedule of Services. Contractor shall perform the Services
expeditiously, within the term of this Agreement, and in accordance with the Schedule of
Services set forth in Exhibit "B" attached hereto and incorporated herein by reference.
Contractor represents that it has the professional and technical personnel required to
perform the Services in conformance with such conditions. In order to facilitate
Contractor's conformance with the Schedule, City shall respond to Contractor's submittals
in a timely manner. Upon request of City, Contractor shall provide a more detailed
schedule of anticipated performance to meet the Schedule of Services.
3.2.3 Conformance to Applicable Requirements. All work prepared by
Contractor shall be subject to the approval of City.
3.2.4 City's Representative. The City hereby designates Project Engineer or
his or her designee, to act as its representative for the performance of this Agreement
("City's Representative"). City's Representative shall have the power to act on behalf of
the City for all purposes under this Contract. Contractor shall not accept direction or
orders from any person other than the City's Representative or his or her designee.
3.2.5 Contractor's Representative. Contractor hereby designates Project
Superintendent or his or her designee, to act as its representative for the performance of
this Agreement ("Contractor's Representative"). Contractor's Representative shall have
full authority to represent and act on behalf of the Contractor for all purposes under this
Agreement. The Contractor's Representative shall supervise and direct the Services,
using his/her best skill and attention, and shall be responsible for all means, methods,
techniques, sequences and procedures and for the satisfactory coordination of all portions
of the Services under this Agreement.
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3.2.6 Coordination of Services. Contractor agrees to work closely with City
staff in the performance of Services and shall be available to City's staff, consultants and
other staff at all reasonable times.
3.2.7 Standard of Care; Performance of Employees. Contractor shall
perform all Services under this Agreement in a skillful and competent manner, consistent
with the standards generally recognized as being employed by professionals in the same
discipline in the State of California. Contractor represents and maintains that it is skilled in
the professional calling necessary to perform the Services. Contractor warrants that all
employees and subcontractors shall have sufficient skill and experience to perform the
Services assigned to them. Finally, Contractor represents that it, its employees and
subcontractors have all licenses, permits, qualifications and approvals of whatever nature
that are legally required to perform the Services, including a City Business License, and
that such licenses and approvals shall be maintained throughout the term of this
Agreement. As provided for in the indemnification provisions of this Agreement, Contractor
shall perform, at its own cost and expense and without reimbursement from the City, any
services necessary to correct errors or omissions which are caused by the Contractor's
failure to comply with the standard of care provided for herein. Any employee of the
Contractor or Its sub-contractors who is determined by the City to be uncooperative,
incompetent, a threat to the adequate or timely completion of the Project, a threat to the
safety of persons or property, or any employee who fails or refusesto perform the Services
in a manner acceptable to the City, shall be promptly removed from the Project-by the
Contractor and shall not be re-employed to perform any of the Services or to work on the
Project.
3.2.8 Laws and Regulations. Contractor shall keep itself fully informed of
and in compliance with all local, state and federal laws, rules and regulations in any
manner affecting the performance of the Project or the Services, including all Cal/OSHA
requirements, and shall give all notices required by law. Contractor shall be liable for all
violations of such laws and regulations in connection with Services. If the Contractor
performs any work knowing it to be contrary to such laws, rules and regulations and
without giving written notice to the City, Contractor shall be solely responsible for all costs
arising therefrom. Contractor shall defend, indemnify and hold City, its officials, directors,
officers, employees and agents free and harmless, pursuant to the indemnification
provisions of this Agreement, from any claim or liability arising out of any failure or alleged
failure to comply with such laws, rules or regulations.
3.2.9 Insurance.
3.2.9.1 Time for Compliance. Contractor shall maintain prior to
the beginning of and for the direction of this Agreement insurance coverage as specified in
Exhibit D attached to and part of this agreement.
3.2.10 Safety. Contractor shall execute and maintain its work so as to avoid
i ,
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injury or damage to any person or property. In carrying out its Services, the Contractor
shall at all times be in compliance with all applicable local, state and federal laws, rules
and regulations, and shall exercise all necessary precautions for the safety of employees
appropriate to the nature of the work and the conditions under which the work is to be
performed. Safety precautions as applicable shall include, but shall not be limited to: (A)
adequate life protection and life saving equipment and procedures; (B) instructions in
accident prevention for all employees and subcontractors, such as safe walkways,
scaffolds, fall protection ladders, bridges, gang planks, confined space procedures,
trenching and shoring, equipment and other safety devices, equipment and wearing
apparel as are necessary or lawfully required to prevent accidents or injuries; and (C)
adequate facilities for the proper inspection and maintenance of all safety measures.
3.2.11 Prevailing Wages. Contractor is aware of the requirements of
California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code
of Regulations, Title 8, Section 1600, et seq., ("Prevailing Wage Laws"), which require the
payment of prevailing wage rates and the performance of other requirements on "public
works" and "maintenance" projects. If the Services are being performed as part of an
applicable "public works" or "maintenance" project, as defined by the Prevailing Wage
Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply
with such Prevailing Wage Laws. City shall provide Contractor with a copy of the
prevailing rates of per diem wages in effect at the commencement of this Agreement.
Contractor shall make copies of the prevailing rates of per diem wages for each craft,
classification or type of worker needed *trexecute the Services available-tcrinterested
parties upon request, and shall post copies at the Contractor's principal place of business
and at the project site. Contractor shall defend, indemnify and hold the City, its elected
officials, officers, employees and agents free and harmless from any claim or liability
arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
3.2.12 Bonds.
3.2.12.1 Performance Bond. If specifically requested by City in
Exhibit "B" attached hereto and incorporated herein by reference, Contractor shall execute
and provide to City concurrently with this Agreement a Performance Bond in the amount of
the total, not-to-exceed compensation indicated in this Agreement, and in a form provided
or approved by the City. If such bond is required, no payment will be made to Contractor
until it has been received and approved by the City.
3.2.12.2 Payment Bond. If required by law or otherwise
specifically requested by City in Exhibit "B" attached hereto and incorporated herein by
reference, Contractor shall execute and provide to City concurrently with this Agreement a
Payment Bond in the amount of the total, not-to-exceed compensation,-indicated in this
Agreement, and in a form provided or approved by the City, If such bond is required, no
payment will be made to Contractor until it has been received and approved by the City.
3.2.12.3 Bond Provisions. Should, in City's sole opinion, any
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bond become insufficient or any surety be found to be unsatisfactory, Contractor shall
renew or replace the affected bond within 10 days of receiving notice from City. In the
event the surety or Contractor intends to reduce or cancel any required bond, at least thirty
(30) days prior written' notice shall be given to the City, and Contractor shall post
acceptable replacement bonds at least ten (10) days prior to expiration of the original
bonds. No further payments shall be deemed due or will be made under this Agreement
until any replacement bonds required by this Section are accepted by the City. To the
extent, if any, that the total compensation is increased in accordance with the Agreement,
the Contractor shall, upon request of the City, cause the amount of the bonds to be
increased accordingly and shall promptly deliver satisfactory evidehce of such increase to
the City. To the extent available, the bonds shall further provide that no change or
alteration of the Agreement (including, without limitation, an increase in the total
compensation, as referred to above), extensions of time, or modifications of the time,
terms, or conditions of payment to the Contractor, will release the surety. If the Contractor
fails to furnish any required bond, the City may terminate this Agreement for cause.
3.2.12.4 Surety Qualifications. Only bonds executed by an
admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, shall be
accepted. The surety must be a California-admitted surety with a current A.M. Best's
rating no less than A:VIII and satisfactory to the City. If a California-admitted surety
insurer issuing bonds does not meet these requirements, the insurer will be considered
qualified if it is in conformance with Section 995.660 of the California Code of Civil
" ''"f du- re, and proof of such prevtded to the City.
3.3 Fees and Payments.
3.3.1 Compensation. Contractor shall receive compensation, including
authorized reimbursements, for all Services rendered under this Agreement at the rates set
forth in Exhibit C attached hereto and incorporated herein by reference. The total
compensation shall not exceed $21,274.55 (twenty one thousands two hundred seventy
four and 55) without advance written approval of City's project manager. Extra Work may
be authorized, as described below, and if authorized, will be compensated at the rates and
manner set forth in this Agreement.
3.3.2 Payment of Compensation. Contractor shall submit to City a monthly
itemized statement which indicates work completed and hours of Services rendered by
Contractor. The statement shall describe the amount of Services and supplies provided
since the initial commencement date, or since the start of the subsequent billing periods,
as appropriate, through the date of the statement. City shall, within 45 days of receiving
such statement, review the statement and pay all approved charges thereon.
3.3.3 Reimbursement for Expenses. Contractor shall not be reimbursed for
any expenses unless authorized in writing by City.
3.3.4 Extra Work. At any time during the term of this Agreement, City may
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request that Contractor perform Extra Work. As used herein, "Extra Work" means any
work which is determined by City to be necessary for the proper completion of the Project,
but which the parties did not reasonably anticipate would be necessary at the execution of
this Agreement. Contractor shall not perform, nor be compensated for, Extra Work without
written authorization from City's Representative.
3.3.5 Prevailing Wages. Contractor is aware of the requirements of
California Labor Code Section 1720, et seq., and 1770, et seq., as well as Califomia Code
of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require
the payment of prevailing wage rates and the performance of other requirements on "public
works" and "maintenance" projects. If the Services are being performed as part of an
applicable "public works" or "maintenance" project, as defined by the Prevailing Wage
Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply
with such Prevailing Wage Laws. City shall provide Contractor with a copy of the
prevailing rates of per diem wages in effect at the commencement of this Agreement.
Contractor shall make copies of the prevailing rates of per diem wages for each craft,
classification or type of worker needed to execute the Services available to interested
parties upon request, and shall post copies at the Contractor's principal place of business
and at the project site. Contractor shall defend, indemnify and hold the City, its elected
officials, officers, employees and agents free and harmless from any claim or liability
arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
3.4 Accounting Records.
3.4.1 Maintenance and Inspection. Contractor shall maintain complete and
accurate records with respect to all costs and expenses incurred underthis Agreement. All
such records shall be clearly identifiable. Contractor shall allow a representative of City
during normal business hours to examine, audit, and make transcripts or copies of such
records and any other documents created pursuant to this Agreement. Contractor shall
allow inspection of all work, data, documents, proceedings, and activities related to the
Agreement for a period of three (3) years from the date of final payment under this
Agreement.
3.5 General Provisions.
3.5.1 Termination of Agreement.
3.5.1.1 Grounds for Termination. City may, by written notice to
Contractor, terminate the whole or any part of this Agreement at any time and without
cause by giving written notice to Contractor of such termination, and specifying the
effective date thereof, at least seven (7) days before the effective date of such termination.
Upon termination, Contractor shall be compensated only for those services which have
been adequately rendered to City, and Contractor shall be entitled to no further
compensation. Contractor may not terminate this Agreement except for cause.
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3.5.1.2 Effect of Termination. If this Agreement is terminated as
provided herein, City may require Contractor to provide all finished or unfinished
Documents and Data and other information of any kind prepared by Contractor in
connection with the performance of Services under this Agreement. Contractor shall be
required to provide such document and other information within fifteen (15) days of the
request.
3.5.1.3 Additional Services. In the event this Agreement is
terminated in whole or in part as provided herein, City may procure, upon such terms and
in such manner as it may determine appropriate, services similar to those terminated.
3.5.2 Delivery of Notices. All notices permitted or required under this
Agreement shall be given to the respective parties at the following address, or at such
other address as the respective parties may provide in writing for this purpose:
CONTRACTOR:
CLS Landscape Management, Inc.
4711 Schaefer Avenue
Chino, California 91710
Attn: Kevin L Davis
~ - :~~~'r~;: fit. -
City of Rosemead
i P.O. Box 399
Rosemead, CA 91770
Attn: Rafael Fajardo - Public Works Department-Engineering
Division
Such notice shall be deemed made when personally delivered or when mailed,
forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and
addressed to the party at its applicable address. Actual notice shall be deemed adequate
notice on the date actual notice occurred, regardless of the method of service.
3.5.3 Cooperation; Further Acts. The Parties shall fully cooperate with one
another, and shall take any additional acts or sign any additional documents as may be
necessary, appropriate or convenient to attain the purposes of this Agreement.
3.5.4 Attorney's Fees. If either party commences an action against the other
parry, either legal, administrative or otherwise, arising out of or in connection with this
Agreement, the prevailing party in such litigation shall be entitled to have and recoverfrom
the losing party reasonable attorney's fees and all other costs of such action.
3.5.5 Indemnification. Contractor shall defend, indemnify and hold the City,
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its officials, officers, employees, volunteers and agents free and harmless from any and all
claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law
or equity, to property or persons, including wrongful death, in any manner arising out of or
incident to any alleged acts, omissions or willful misconduct of Contractor, its officials,
officers, employees, agents, consultants and contractors arising out of or in connection
with the performance of the Services, the Project or this Agreement, including without
limitation the payment of all consequential damages and attorneys fees and other related
costs and expenses. Contractor shall defend, at Contractor's own cost, expense and risk,
any and all such aforesaid suits, actions or other legal proceedings of every kind that may
be brought or instituted against City, its directors, officials, officers, employees, agents or
volunteers. Contractor shall pay and satisfy any judgment, award or decree that may be
rendered against City or its directors, officials, officers, employees, agents or volunteers, in
any such suit, action or other legal proceeding. Contractor shall reimburse City and its
directors, officials, officers, employees, agents and/or volunteers, for any and all legal
expenses and costs incurred by each of them in connection therewith or in enforcing the
indemnity herein provided. Contractor's obligation to indemnify shall not be restricted to
insurance proceeds, if any, received by the City, its directors, officials officers, employees,
agents or volunteers.
3.5.6 Entire Agreement. This Agreement contains the entire Agreement of
the parties with respect to the subject matter hereof, and supersedes all prior negotiations,
understandings or agreements. This Agreement may only be modified by a writing signed
by both pa4ie&,.,
3.5.7 Governing Law. This Agreement shall be governed by the laws of the
State of California. Venue shall be in Los Angeles County.
3.5.8 Time of Essence. Time is of the essence for each and every provision
of this Agreement.
3.5.9 City's Right to Employ Other Contractors. City reserves right to
employ other contractors in connection with this Project.
3.5.10 Successors and Assigns. This Agreement shall be binding on the
successors and assigns of the parties.
3.5.11 Assignment or Transfer. Contractor shall not assign, hypothecate, or
transfer, either directly or by operation of law, this Agreement or any interest herein without
the prior written consent of the City. Any attempt to do so shall be null and void, and any
assignees, hypothecates or transferees shall acquire no right or interest by reason of such
attempted assignment, hypothecation or transfer.
3.5.12 Construction; References; Captions. Since the Parties or their agents
have participated fully in the preparation of this Agreement, the language of this
Agreement shall be construed simply, according to its fair meaning, and not strictly for or
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against any Party. Any term referencing time, days or period for performance shall be
deemed calendar days and not work days. All references to Contractor include all
personnel, employees, agents, and subcontractors of Contractor, except as otherwise
specified in this Agreement. All references to City include its elected officials, officers,
employees, agents, and volunteers except as otherwise specified in this Agreement. The
captions of the various articles and paragraphs are for convenience and ease of reference
only, and do not define, limit, augment, or describe the scope, content, or intent of this
Agreement.
3.5.13 Amendment; Modification. No supplement, modification, or
amendment of this Agreement shall be binding unless executed in writing and signed by
both Parties.
3.5.14 Waiver. No waiver of any default shall constitute a waiver of any other
default or breach, whether of the same or other covenant or condition. No waiver, benefit,
privilege, or service voluntarily given or performed by a Party shall give the other Party any
contractual rights by custom, estoppel, or otherwise.
3.5.15 No Third Party Beneficiaries. There are no intended third party
beneficiaries of any right or obligation assumed by the Parties.
3.5.16 Invalidity; Severability. If any portion of this Agreement is declared
-inrralid;: illegal, or otherwise unenforceable -by a court of competentvjwr+sdi~ction, the
remaining provisions shall continue in full force and effect.
3.5.17 Prohibited Interests. Contractor maintains and warrants that it has not
employed nor retained any company or person, other than a bona fide employee working
solely for Contractor, to solicitor secure this Agreement. Further, Contractor warrants that
it has not paid nor has it agreed to pay any company or person, other than a bona fide
employee working solely for Contractor, any fee, commission, percentage, brokerage fee,
gift or other consideration contingent upon or resulting from the award or making of this
Agreement. For breach or violation of this warranty, City shall have the right to rescind this
Agreement without liability. For the term of this Agreement, no member, officer or
employee of City, during the term of his or her service with City, shall have any direct
interest in this Agreement, or obtain any present or anticipated material benefit arising
therefrom.
3.5.18 Equal Opportunity Employment. Contractor represents that it is an
equal opportunity employer and it shall not discriminate against any subcontractor,
employee or applicant for employment because of race, religion, color, national origin,
handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited
to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or
recruitment advertising, layoff ortermination. Contractor shall also complywith all relevant
provisions of City's Minority Business Enterprise program, Affirmative Action Plan orother
related programs or guidelines currently in effect or hereinafter enacted.
CLS Landscape Management, Inc.
3.5.19 Labor Certification. By its signature hereunder, Contractor certifies
that it is aware of the provisions of Section 3700 of the California Labor Code which
require every employer to be insured against liability for Worker's Compensation or to
undertake self-insurance in accordance with the provisions of that Code, and agrees to
comply with such provisions before commencing the performance of the Services.
3.5.20 Authority to Enter Agreement. Contractor has all requisite power and
authority to conduct its business and to execute, deliver, and perform the Agreement.
Each Party warrants that the individuals who have signed this Agreement have the legal
power, right, and authority to make this Agreement and bind each respective Party.
3.5.21 Counterparts. This Agreement may be signed in counterparts, each of
which shall constitute an original.
3.6 Subcontracting.
3.6.1 Prior Approval Required. Contractor shall not subcontract any portion
of the work required by this Agreement, except as expressly stated herein, without prior
written approval of City. Subcontracts, if any, shall contain a provision making them
subject to all provisions stipulated in this Agreement.
-O'-"iftnatures on next page]`' "
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CITY, OF ROSEMEAD
By:
Oliver Chi
City Manager
Attest:
'-A IN -1-lw c
Gloria Molleda
City Clerk
Approved as to Form:
Joseph M. Montes
Ci ttorn y
CLS Landscape Management, Inc.
av
Name: J~ (1 I r. ~~j~
Title:
[If Corporation, TWO SIGNATURES, PresidentOR
Vice President AND Secretary, AND CORPORATE
SEAL OF CONTRACTOR EQUIRED]
By.
Name: U~l
Title:
021)8
Documentl
SCOPE OF MAINTENANCE SERVICES
See Attached Proposal
A-1
EXHIBIT B
INSURANCE REQUIREMENTS
Prior to the beginning of and throughout the duration of the Work, Consultant will maintain
insurance in conformance with the requirements set forth below. Consultant will use
existing coverage to comply with these requirements. !f that existing coverage does not
meet the requirements set forth here, Consultant agrees to amend, supplement or endorse
the existing coverage to do so. Consultant acknowledges that the insurance coverage and
policy limits set forth in this section constitute the minimum amount of coverage required.
Any insurance proceeds available to City in excess of the limits and coverage required in
this agreement and which is applicable to a given loss, will be available to City.
Consultant shall provide the following types and amounts of insurance:
Commercial General Liability Insurance using Insurance Services Office "Commercial
General Liability" policy form CG 00 01 or the exact equivalent. Defense costs must be
paid in addition to limits. There shall be no cross liability exclusion for claims or suits by
one insured against another. Limits are subject to review but in no event less than
$1,000,000 per occurrence.
Business Auto Coverage on ISO Business Auto.Coverage form CA 00 01 including symbol-,.. 1 (Any Auto) or the exact equivalent. Limits are subject to review, but in no event to be less
that $1,000,000 per accident. If Consultant owns no vehicles, this requirement may be
satisfied by a non-owned auto endorsement to the general liability policy described above.
If Consultant or Consultant's employees will use personal autos in any way on this project,
Consultant shall provide evidence of personal auto liability coverage for each such person.
Workers Compensation on a state-approved policy form providing statutory benefits as
required by law with employer's liability limits no less than $1,000,000 per accident or
disease.
Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit requirements,
shall provide coverage at least as broad as specified for the underlying coverages. Any
such coverage provided under an umbrella liability policy shall include a drop down
provision providing primary coverage above a maximum $25,000 self-insured retention for
liability not covered by primary but covered by the umbrella. Coverage shall be provided
on a "pay on behalf" basis, with defense costs payable in addition to policy limits. Policy
shall contain a provision obligating insurer at the time insured's liability is determined, not
requiring actual payment by the insured first. There shall be no cross liability exclusion
precluding coverage for claims or suits by one insured against another. Coverage shall be
applicable to City for injury to employees of Consultant, subconsultants or others involved
in the Work. The scope of coverage provided is subject to approval of City following
receipt of proof of insurance as required herein. Limits are subject to review but in no event
less than $ per occurrence.
D-1
Professional Liability or Errors and Omissions Insurance as appropriate shall be written on
a policy form coverage specifically designed to protect against acts, errors or omissions of
the consultant and "Covered Professional Services" as designated in the policy must
specifically include work performed under this agreement. The policy limit shall be no less
than $1,000,000 per claim and in the aggregate. The policy must "pay on behalf of" the
insured and must include a provision establishing the insurer's duty to defend. The policy
retroactive date shall be on or before the effective date of this agreement.
Insurance procured pursuant to these requirements shall be written by insurers that are
admitted carriers in the state of California and with an A.M. Bests rating of A- or better and
a minimum financial size VII.
General conditions pertaining to provision of insurance coverage by Consultant.
Consultant and City agree to the following with respect to insurance provided by
Consultant:
1. Consultant agrees to have its insurer endorse the third party general liability
coverage required herein to include as additional insureds City, its officials,
employees and agents, using standard ISO endorsement No. CG 2010 with an
edition prior to 1992. Consultant also agrees to require all contractors, and
subcontractors to do likewise.
2. No liability insurance coverage provided to comply with this Agreement shall
prohibit Consultant, or Consultant's employees, or agents, from waiving the right
of subrogation prior to a loss. Consultant agrees to waive subrogation rights
against City regardless of the applicability of any insurance proceeds, and to
require all contractors and subcontractors to do likewise.
3. All insurance coverage and limits provided by Contractor and available or
applicable to this agreement are intended to apply to the full extent of the
policies. Nothing contained in this Agreement or any other agreement relating to
the City or its operations limits the application of such insurance coverage.
4. None of the coverages required herein will be in compliance with these
requirements if they include any limiting endorsement of any kind that has not
been first submitted to City and approved of in writing.
5. No liability policy shall contain any provision or definition that would serve to
eliminate so-called "third party action over" claims, including any exclusion for
bodily injury to an employee of the insured or of any contractor or subcontractor.
6. All coverage types and limits required are subject to approval, modification and
additional requirements by the City, as the need arises. Consultant shall not
make any reductions in scope of coverage (e.g. elimination of contractual liability
or reduction of discovery period) that may affect City's protection without City's
prior written consent.
D-2
7. Proof of compliance with these insurance requirements, consisting of certificates
of insurance evidencing all of the coverages required and an additional insured
endorsement to Consultant's general liability policy, shall be delivered to City at
or prior to the execution of this Agreement. In the event such proof of any
insurance is not delivered as required, or in the event such insurance is
canceled at any time and no replacement coverage is provided, City has the
right, but not the duty, to obtain any insurance it deems necessary to protect its
interests under this or any other agreement and to pay the premium. Any
premium so paid by City shall be charged to and promptly paid by Consultant or
deducted from sums due Consultant, at City option.
Certificate(s) are to reflect that the insurer will provide 30 days notice to City of
any cancellation of coverage. Consultant agrees to require its insurer to modify
such certificates to delete any exculpatory wording stating that failure of the
insurer to mail written notice of cancellation imposes no obligation, or that any
party will "endeavor' (as opposed to being required) to comply with the
requirements of the certificate.
9. It is acknowledged by the parties of this agreement that all insurance coverage
required to be provided by Consultant or any subcontractor, is intended to apply
first and on a primary, noncontributing basis in relation to any other insurance or
. , self insurance availa4je to.,C4.
10. Consultant agrees to ensure that subcontractors, and any other party involved
with the project who is brought onto or involved in the project by Consultant,
provide the same minimum insurance coverage required of Consultant.
Consultant agrees to monitor and review all such coverage and assumes all
responsibility for ensuring that such coverage is provided in conformity with the
requirements of this section. Consultant agrees that upon request, all
agreements with subcontractors and others engaged in the project will be
submitted to City for review.
11. Consultant agrees not to self-insure or to use any self-insured retentions or
deductibles on any portion of the insurance required herein and further agrees
that it will not allow any contractor, subcontractor, Architect, Engineer or other
entity or person in any way involved in the performance of work on the project
contemplated by this agreement to self-insure its obligations to City. If
Consultant's existing coverage includes a deductible or self-insured retention,
the deductible or self-insured retention must be declared to the City. At that time
the City shall review options with the Consultant, which may include reduction or
elimination of the deductible or selfinsured retention, substitution of other
coverage, or other solutions.
12. The City reserves the right at any time during the term of the contract to change
the amounts and types of insurance required by giving the Consultant ninety
(90) days advance written notice of such change. If such change results in
D-3
substantial additional cost to the Consultant, the City will negotiate additional
compensation proportional to the increased benefit to City.
13. For purposes of applying insurance coverage only, this Agreement will be
deemed to have been executed immediately upon any party hereto taking any
steps that can be deemed to be in furtherance of or towards performance of this
Agreement.
14. Consultant acknowledges and agrees that any actual or alleged failure on the
part of City to inform Consultant of non-compliance with any insurance
requirement in no way imposes any additional obligations on City nor does it
waive any rights hereunder in this or any other regard.
15. Consultant will renew the required coverage annually as long as City, or its
employees or agents face an exposure from operations of any type pursuant to
this agreement. This obligation applies whether or not the agreement is
canceled or terminated for any reason. Termination of this obligation is not
effective until City executes a written statement to that effect.
16.Consultant shall provide proof that policies of insurance required herein expiring
during the term of this Agreement have been renewed or replaced with other
policies providing at least the, same coverage. Proof that such coverage has
been ordered -stall.-f~~submitted prior to expiration. A-coverage binder or letter _ :arT r .
from Consultant's insurance agent to this effect is acceptable. A certificate of
insurance and/or additional insured endorsement as required in these
specifications applicable to the renewing or new coverage must be provided to
City within five days of the expiration of the coverages.
17. The provisions of any workers' compensation or similar act will not limit the
obligations of Consultant under this agreement. Consultant expressly agrees not
to use any statutory immunity defenses under such laws with respect to City, its
employees, officials and agents.
18. Requirements of specific coverage features or limits contained in this section are
not intended as limitations on coverage, limits or other requirements nor as a
waiver of any coverage normally provided by any given policy. Specific
reference to a given coverage feature is for purposes of clarification only as it
pertains to a given issue, and is not intended by any party or insured to be
limiting or all-inclusive.
19.These insurance requirements are intended to be separate and distinct from any
other provision in this agreement and are intended by the parties here to be
interpreted as such.
20.The requirements in this Section supersede all other sections and provisions of
this Agreement to the extent that any other section or provision conflicts with or
impairs the provisions of this Section.
D-4
21. Consultant agrees to be responsible for ensuring that no contract used by any
party involved in any way with the project reserves the right to charge City or
Consultant for the cost of additional insurance coverage required by this
agreement. Any such provisions are to be deleted with reference to City. It is not
the intent of City to reimburse any third party for the cost of complying with these
requirements. There shall be no recourse against City for payment of premiums
or other amounts with respect thereto.
Consultant agrees to provide immediate notice to City of any claim or loss against
Consultant arising out of the work performed under this agreement. City assumes no
obligation or liability by such notice, but has the right (but not the duty) to monitor the
handling of any such claim or claims if they are likely to involve City.
sad: - 441
~=..F: _ - : _ - - ;s'•~
D-5
ACORD CERTIFICATE OF LIABILITY INSURANCE Of 1 CC DATE (NMiT)DIYY1flf)
cL~LAC 03/18/09
PRODUCER
United Agencies, Inc. (H)
CA License #0252636
2911 Bonita Ave., Ste. A
THIS CERTIFICATE IS ISSUED AS A MATTE
ONLY AND CONFERS NO RIGHTS UPON "
HOLDER. THIS CERTIFICATE DOES NOT.'LA~
ALTER THE COVERAGE AFFORDED BY TH
R OF INFORMATION
E CERTIFICATE
MEND, EXTEND OR
E POLICIES BELOW.
La Verne CA 91750
Phone:909-593-7776 Fax:909-593-5477
INSURERS AFFORDING COVERAGE
NAIC9
INSURED
INSURER A: Gole-n =yle Xa anee Corp.
INSURER B: ,eottadble Iaeerance Ovq-ey
CLS Landscape Management Inc.
INSURER C: Travelers Companies
4711 Schaefer Ave.
hi
INSURER D:
no CA 91710
C
INSURER E:
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING
ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OFiSUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
LTR
8
TYPE OF INSURANCE
POLICY NUMBER
DATE
DATE
Liam
GENERAL LIABILITY
EACH OCCURRENCE
$1,000,000
A
X
X
COMMERCIAL GENERAL LIABILITY
CBP0534396
11/01/08
11/01/09
PREMISES Eaiooauence
$500,000
X CLAIMS AIDE El OCCUR
MED EXP (Any one permn)
$10,000
PERSONAL 8 ADV INJURY
$1,000,000
GENERALAGgREGATE
$2,000,000
GEN'L AGGREGATE LIMB APPLIES PER:
PRODUCTS - QOMPIOP AGG
s2,000,000
X POLICY ECT LOC
A
AUT
X
OMOI N IE LIABILITY
ANY AUTO
BAS535598
11/01/08
11/01/09
COMBINED SINGLE LIMIT
(Est)
$1,000,000
ALL OWNED AUTOS
SCHEDULED AUTOS
BODILY INJURY
(Per Perron)
f
HIRED AUTOS
NON-OWNED AUTOS
BODILY INJURY
(Pe(accdent)
PROPERTY D"
GE
f
(Per accident)
GARAGE LMBLJTY
AUTO ONLY - ffA ACCIDENT
I
ANYAUTO
OTHER THAN EA ACC
S
AUTO ONLY: AGG
f
EXCESSIUMBRELLA LIABRJTY
EACH OCCURRENCE
f 1,000,000
B
X OCCUR F ICLAIMSMADE
XLS00576777
02/13/09
11/01/09
AGGREGATE
f
i
DEDUCTIBLE
f
RETENTION f
f
WORKERS COMPENSATION AND
X TORY LIRA S I J' ER
C
EMPLOYERS' LIABILITY
XACAIIB-9316Y05-4-08
04/01/08
04/01/09
EL. EACH AC (DENT
:1,000,000
ANY PROPRIETQR/PARTNERIEXECUTIVE
OFFICER/MEMBER EXCLUDED?
E L. DISEASE SEA EMPLOYEE
$1,000,000
K Yes, desoribe under
SPECIALPROVISIONS below
E.L.DISEASE-POLICYLIMIT
i1, 000, 000
OTHER
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
CERTIFICATE HOLDER IS NAND AS ADDITIONAL INSURED PER ATTACHED GBCG602
(09/04) ENDORSEMENT. *EXCEPT 10 DAYS NOTICE OF CANCELLATION APPLIES FOR
NONPAYMENT OF PREMIUM.
CERTIFICATE HOLDER CANCELLATION
CITYROS
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES RE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER MANED TO THE LEFT, BUT FAILURE TO DO SO SHALL
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE BHIURER, ITS AGENTS OR
CITY OF ROSBMEAD
8 8 3 8 E
VALLEY BLVD
REPRESENTATPAM
.
.
ROSEMEAD CA 91770
AUT ORIZED RESENTA
ACORD 25 (2001106) i CW ACORD CORF'ORA IIoM i900
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
25120011081
POLICY #CBP8534398
COMMERCIAL LIABILITY GOLD ENDORSEMENT
Tito following Provisions are also added to this Coverage Part:
A. ADDITIONAL INSURED - BY CONTRACT, AGREEMENT OR PERMIT
1. Paragraph 2. under SBCTION 11.1- WHO IS AN INSURED is amauded to include as an
hunted pay person or orlpmkoft whom you and such parson or organimft have tegre°d in
writing in a contract, agreement or permit that such person or organization be added as an
additional insured on your policy to provide insurance such as Is afforded under this Coftap
Pan. Such person or orgwAm ion is not entitled to any notices that are required to send to the
Named Insustnd and is an additional insured only with respect to liability arising out of
Your ongoing operations peetfonned for that person or organizatlon; or
b. Premises or facilities owned or used by you.
With respect to provision I.t, above, a person's or organisation's status as an additional insured aF
an insured under this endorsement ends when your operations for that pexaon or orgatnization are
corrnpicled.
With respect to provisions l.b. above, a person's or oMa nizadon's status as an insured under this
endommml ends whmr their contract or egroanent with such promises or facilities coda
2. This endorse next provision A. does not apply:
a. Unless the written contract or agreement has been executed, or permit has been issued;
prior to the "bodily injury", "property damage" or "personal end advertising inju r';
b. To "bodily injury" or ))army damages" occurring after
(1) All t ado including astral, parts or a pipmerut fumishet! in can nection wide
such wort, in the project (odw than service, mahatarenco or repairs) to be
palbrrnod by or on bobta f of the ad litlonol insured(s) at the site of the
covered operations has bees completed; or
(2) That portion of "your vrortt" out of which the injury or damage arises has beds
put to Its Intended use by any person or organization other than another
contractor or subcontractor engaged to performing operations for a principal
as a part of the same project;
C. To the rendering of or Winne to render any professional services including, but not
limited to, any professional architeetwal, earghteering or surveying service such es:
(1) The pmparbtg, approving or failing to prepare or approve, maps, shop
drawings, opinions, reports, surveys, neld orders, change orders or dramAngN
and speoifrcations; and
(2) Surpervisory, irrspe>cdon, architectural or a nglaveering activities;
CL To "bodily Injury'. "property dnnsage" or "pertsolW and advertising in jury" arlsing out
of arty act, error or omission that results 1lrom additional insured's sole neglkencc or
wrongdoing;
a To any person or organization Included a an insured undlor provision B. of this
errdornement.
f. To any person or organization included as an Insured by a separate additional insured
endorsement issued by us and outdo a part of this policy.
GECO 602 (09101) Includes copyrighted material of Insauanee Services Of es, Inc. with its pcrmiasion Pane I
EL ADDITIONAL INSURED - VENDORS
Paragraph Z. under SECTION 11- WHO IS AN INSURED is amended to Inchide as as insured
any person or organization (referred to below as "vendor with whom you agreed, in written
contract or agmeernent to provide Insurance such as is afforded under this policy, but only wilt
respect to "bodfly injury" or "property dmaage" wising out of "your produets" which am
distributed or sold in the regular course of the vendor's business, subject to the following
additimial exclusions:
I. 'Ilse insurance afforded the vendor does not apply to:
L `BWliy Injury" or "property dnsnpe" for which the vendor is obligated to pay
damages by reason of the asstaaption of tiebft in a contract or agreement. This
exchision don not apply to liability for damage that the vendor would have In the
absence of the contract to agreement;
b. Any express warranty unauthorized by you;
C. Any physical or chemical change in the product made intentionally by the vendor.
i
d. Repacking, unless unpacked solely for the purpose of inspection, demonstration,
testing, or substitution of pans under the instructions from the manufacturer, and then
repacking in the original container,
e. Any failum to make such inspections, adjustments, test, or servicing as die vendor has,
agreed to mks or normally undertakes to snake In the course of busfnM in
connections with distrnbutim or sale of the products;
f. Demonstration, installatlon, servicing or repair operations, except such operations
performed at the vendor's premises in connection with the sale of the product;
g Products which, Aer dcmonstration or sale by you, have been labeled or relabeled or:
used as a container, pert or ingred cnt or any other thing or substance by or for die
vendor; or
It. To "bodily injury" or "property damage" arising out of any act, error or omission that
results from the additional hmnd's sole negligence or wrongdoing.
2. The itttatfmce don sot apply to say Insured peram or organization, from whom you have
acquired such product, or any i gradient, part or container, tittering into, accompanying or
coataialas such products.
Dam 602 (09/04) Includes copyrighted matatal of hmmce Services Offices, Inc. with its permlislon Page 2
LS
Management, Inc
License No 650883
4711 Schaefer Ave.
Chino, Califomia 91710
Phone: (909) 628-3005
(800) 894-9696
Fax: (909) 464-1021
www.clslandscape.com
City of
Rosemead
By CLS Landscape
Management, Inc.
BIDDER: CLS Landscape
Management, Inc.
BID SCHEDULE
SCHEDULE OF PRICES FOR
TREE PLANTING PROJECT ON DEL MAR AVENUE
FROM GARVEY AVENUE TO HIGHCLIFF AVENUE
BASE BID SCHEDULE
UNIT OF
EST.
UNIT
REM
NO.
ITEM DESCRIPTION
MEASURE
QTY.
PRICE
COST
1
Furnish and Install 24-Inch Box
Pyrus Kawakamii (Evergreen
Pear) Parkway Tree per APWA
Std. Plan 520-3 Complete
including tree well and cover
$364.01
$5,460.15
(porous) per APWA Std. Plan 519-
2, Type 3.
Ea
15
2
Furnish and Install 24-Inch Box
Tabebuia Avellanedae (Pink
$364.73
$7,294.60
Trumpet Tree) Parkway Tree per
APWA Std. Plan 520-3 Complete
including tree well and cover
(porous) per APWA Std. Plan 519-
2, Type 3.
Ea
20
3
Fumish and Install 24-Inch Box
$355.19
$7,103.80
Cassia Leptophylla (Gold
Medallion Tree) Parkway Tree per
APWA Std. Plan 520-3 Complete
including tree well and cover
(porous) per APWA Std. Plan 519-
2, Type 3.
Ea
20
4
Perform a 90-calendar days
maintenance period.
LS
1
51,416.00
$1 , 416 . 0 0
TOTAL BASE BID PRICE (SCHEDULE BID PRICE): $21,274.55
Twen
Dollar amount in
One Thousand Two Hundred Seventy Four Dollars And
Fifty Five Cents
CBF -1
r0~~p~ q0~0 p q~
H ~
O ~~II ~ r9' t
CURB OR
PAVEMENT
PAVED
SECTION
STAKE-NOTE 8
No. 2 GRAVEL,
75 mm (3') THICK
TREE WELL COVER
BARRIER
4.0 m (12') o 0
x 450 mm BACKFILL WITH AMENDMENTS
(18')
ROOT BALL
IV 7mm PERFORATED PIPE
NATIVE SOIL OR "
CLASS C TOPSOIL
CURB OR
PA
ROOT BARRIER
TREE CROWN
TREE STAKE
11E -
TREE
TRUNK---
ROOT
PLAN1
POLYETHYLE
PLAN VIEW
E
FREE WELL COVER
PER SPPWC 519
SIDEWALK TREE WELL
60 LITER (15 GAL) OR 600 mm (24") BOX
STANDARD PLANS FOR PUBLIC WORKS CONSTRUCTION
TREE PLANTING 520-3
R/W
I
1
1
1
1
I
I
-WEAKENED-PLANE JOINTS
JOINTS
1 COVER REQUIRED 2 COVERS REQUIRED
CASE 1: 900 mm x 450.mm (3' x 18") TREE WELL
CASE 2: 1200 mm x 600 mm (4' x 24" CASE 3: 900 mm x 900 mm (3' x 3') TREE WELL
TREE WELL CASE 4: 1200 mm x 1200 mm (4' x 4') TREE WELL
TREE WELLS
CASE A 8 C D
1 900 mm 450 mm 975 mm 450 ; E R G
(3 -0") (19") (2'-11(17 1 1500 mm 225 mm
1200 mm 600 mm 1175 mm 600 mm 5'-0" MIN
2 9•
(4 -0") 24" 1650 mm 375 mm \ o
(3'-11') (23 1/2") 5'-6" MIN 15•
3 900 m^n 900 mm 975 mm 450 mm
(3'-0") (3'-0") (2'-11") (17 1 2") 1950 mm 225 mm
4 1200 mm 1200 mm 1175 mm 600 mm 261-6 250 MIN g" R
(4'-0^) (4'-0') (3'_11') (23 1 /2" 225D mm 375 mm
) 7'-6' MIN 15"
POROUS TREE WELL COVER (SEE NOTE 2)
NOTES FOR TYPE 3 TREE WELL
1• SEE SHEET 7 FOR NOTES PERTAINING TO THE SHEET.
2. PERMEABLE (POROUS) CONCRETE TREE WELL COVER:
THE COVER SHALL BE MADE OF PERMEABLE CONCRETE WITH A
MINIMUM COMPRESSIVE STRENGTH -OF 8.5 MPa 1200 PSI) AND SHALL BE
PRECAST do REINFORCED WITH 60 mm x 60 mm (2 1/4" X 2 1/4") 16 GAUGE
WIRE MESH. CONCRETE SHALL CONSIST OF ONE PART CEMENT TO
FOUR PARTS 10 mm (3/8") GRAVEL AND APPROXIMATELY 15 LITERS
FOUR GALLONS) OF WATER PER SACK OF CEMENT. THE GRAVEL SHALL BE
CLEAN WITH FINES REMOVED. CURING COMPOUND TO WHICH WATER-
PROOFING MATERIALS HAVE BEEN ADDED WILL NOT BE PERMITTED.
TYPE 3
STANDARD PLANS FOR PUBLIC WORKS CONSTRUCTION ~A
STANMETRRRIC u'
SIDEWALK TREE WELL & COVER 519-2
Page I of 1
LOCATION MAP
400 ft
TREE PLANTING AT DEL MAR N CityGIS
7 AVENUE
1-f ,
Copyright O 2006 All Rights Reserved. The information contained herein is the proprietary property of the
contributor supplied under license and may not be approved except as licensed by Digital Map Products.
CITY OF ROSEMEAD
AGREEMENT FOR SERVICES
PARTIES AND DATE.
This Agreement is made and entered into this day of
, 20 by and between the City of Rosemead, a municipal
corporation of the State of California, located at 8838 E. Valley Blvd., Rosemead, California
91770, ("City") and [insert Name of Company], a [insert type of entity - corporation,
partnership, sole proprietorship or other legal entity] with its principal place of business at
[insert address] (hereinafter referred to as "Contractor"). City and Contractor are
sometimes individually referred to as "Party" and collectively as "Parties" in this Agreement.
2. RECITALS.
2.1 Contractor.
Contractor desires to perform and assume responsibility for the provision of certain
maintenance services required by the City on the terms and conditions set forth in this
Agreement. Contractor represents that it is experienced in providing [insert type of
services] services to public clients, that it and its employees or subcontractors have all
necessary licenses and permits to perform the Services in the State of California, and that
is familiar with the plans of City.
2.2 Project.
City desires to engage Contractor to render such services for the [insert Name of
Project] ("Project") as set forth in this Agreement.
3. TERMS.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Contractor promises and agrees to
furnish to the Owner all labor, materials, tools, equipment, services, and incidental and
customary work necessary to fully and adequately supply the professional [insert type of
services] maintenance services necessary for the Project ("Services"). The Services are
more particularly described in Exhibit "A" attached hereto and incorporated herein by
reference. All Services shall be subject to, and performed in accordance with, this
Agreement, the exhibits attached hereto and incorporated herein by reference, and all
applicable local, state and federal laws, rules and regulations.
3.1.2 Term. The term of this Agreement shall be from [insert start date] to
[insert ending date], unless earlier terminated as provided herein. Contractor shall
complete the Services within the term of this Agreement, and shall meet any other
[insert Name of Company] CLS Landscape Management, Inc.
Page 2 of [insert last page number of agreement]
established schedules and deadlines. The Parties may, by mutual, written consent, extend
the term of this Agreement if necessary to complete the Services.
3.2 Responsibilities of Contractor.
3.2.1 Control and Payment of Subordinates; Independent Contractor. The
Services shall be performed by Contractor or under its supervision. Contractor will
determine the means, methods and details of performing the Services subject to the
requirements of this Agreement. City retains Contractor on an independent contractor
basis and not as an employee- Contractor retains the right to perform similar or different
services for others during the term of this Agreement. Any additional personnel performing
the Services under this Agreement on behalf of Contractor shall also not be employees of
City and shall at all times be under Contractor's exclusive direction and control. Contractor
shall pay all wages, salaries, and other amounts due such personnel in connection with
their performance of Services under this Agreement and as required by law. Contractor
shall be responsible for all reports and obligations respecting such additional personnel,
including, but not limited to: social security taxes, income tax withholding, unemployment
insurance, disability insurance, and workers' compensation insurance.
3.2.2 Schedule of Services. Contractor shall perform the Services
expeditiously, within the term of this Agreement, and in accordance with the Schedule of
Services set forth in Exhibit "B" attached hereto and incorporated herein by reference.
Contractor represents that it has the professional and technical personnel required to
perform the Services in conformance with such conditions. In order to facilitate
Contractor's conformance with the Schedule, City shall respond to Contractor's submittals
in a timely manner. Upon request of City, Contractor shall provide a more detailed
schedule of anticipated performance to meet the Schedule of Services.
3.2.3 Conformance to Applicable Requirements. All work prepared by
Contractor shall be subject to the approval of City.
3.2.4 City's Representative. The City hereby designates [insert Name or
Title], or his or her designee, to act as its representative for the performance of this
Agreement ("City's Representative"). City's Representative shall have the power to act on
behalf of the City for all purposes under this Contract. Contractor shall not accept direction
or orders from any person other than the City's Representative or his or her designee.
3.2.5 Contractor's Representative. Contractor hereby designates [insert
Name or Title], or his or her designee, to act as its representative for the performance of
this Agreement ("Contractor's Representative"). Contractor's Representative shall have full
authority to represent and act on behalf of the Contractor for all purposes under this
Agreement. The Contractor's Representative shall supervise and direct the Services, using
his/her best skill and attention, and shall be responsible for all means, methods,
techniques, sequences and procedures and for the satisfactory coordination of all portions
of the Services under this Agreement.
[insert Name of Company] CLS Landscape Management, Inc.
Page 3 of [insert last page number of agreement]
3.2.6 Coordination of Services. Contractor agrees to work closely with City
staff in the performance of Services and shall be available to City's staff, consultants and
other staff at all reasonable times.
3.2.7 Standard of Care; Performance of Employees. Contractor shall
perform all Services under this Agreement in a skillful and competent manner, consistent
with the standards generally recognized as being employed by professionals in the same
discipline in the State of California. Contractor represents and maintains that it is skilled in
the professional calling necessary to perform the Services. Contractor warrants that all
employees and subcontractors shall have sufficient skill and experience to perform the
Services assigned to them. Finally, Contractor represents that it, its employees and
subcontractors have all licenses, permits, qualifications and approvals of whatever nature
that are legally required to perform the Services, including a City Business License, and
that such licenses and approvals shall be maintained throughout the term of this
Agreement. As provided for in the indemnification provisions of this Agreement, Contractor
shall perform, at its own cost and expense and without reimbursement from the City, any
services necessary to correct errors or omissions which are caused by the Contractor's
failure to comply with the standard of care provided for herein. Any employee of the
Contractor or its sub-contractors who is determined by the City to be uncooperative,
incompetent, a threat to the adequate or timely completion of the Project, a threat to the
safety of persons or property, or any employee who fails or refuses to perform the Services
in a manner acceptable to the City, shall be promptly removed from the Project by the
Contractor and shall not be re-employed to perform any of the Services or to work on the
Project.
3.2.8 Laws and Regulations. Contractor shall keep itself fully informed of
and in compliance with all local, state and federal laws, rules and regulations in any
manner affecting the performance of the Project or the Services, including all Cal/OSHA
requirements, and shall give all notices required by law. Contractor shall be liable for all
violations of such laws and regulations in connection with Services. If the Contractor
performs any work knowing it to be contrary to such laws, rules and regulations and without
giving written notice to the City, Contractor shall be solely responsible for all costs arising
therefrom. Contractor shall defend, indemnify and hold City, its officials, directors, officers,
employees and agents free and harmless, pursuant to the indemnification provisions of this
Agreement, from any claim or liability arising out of any failure or alleged failure to comply
with such laws, rules or regulations.
3.2.9 Insurance.
3.2.9.1 Time for Compliance. Contractor shall maintain prior to
the beginning of and for the direction of this Agreement insurance coverage as specified in
Exhibit D attached to and part of this agreement.
3.2.10 Safety. Contractor shall execute and maintain its work so as to avoid
[insert Name of Company] CLS Landscape Management, Inc
Page 4 of [insert last page number of agreement]
injury or damage to any person or property. In carrying out its Services, the Contractor
shall at all times be in compliance with all applicable local, state and federal laws, rules and
regulations, and shall exercise all necessary precautions for the safety of employees
appropriate to the nature of the work and the conditions under which the work is to be
performed, Safety precautions as applicable shall include, but shall not be limited to: (A)
adequate life protection and life saving equipment and procedures; (B) instructions in
accident prevention for all employees and subcontractors, such as safe walkways,
scaffolds, fall protection ladders, bridges, gang planks, confined space procedures,
trenching and shoring, equipment and other safety devices, equipment and wearing
apparel as are necessary or lawfully required to prevent accidents or injuries; and (C)
adequate facilities for the proper inspection and maintenance of all safety measures.
3.2.11 Prevailing Wages. Contractor is aware of the requirements of
California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code
of Regulations, Title 8, Section 1600, et seq., ("Prevailing Wage Laws"), which require the
payment of prevailing wage rates and the performance of other requirements on "public
works„ and "maintenance" projects. If the Services are being performed as part of an
applicable "public works" or "maintenance" project, as defined by the Prevailing Wage
Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply
with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing
rates of per diem wages in effect at the commencement of this Agreement. Contractor
shall make copies of the prevailing rates of per diem wages for each craft, classification or
type of worker needed to execute the Services available to interested parties upon request,
and shall post copies at the Contractor's principal place of business and at the project site.
Contractor shall defend, indemnify and hold the City, its elected officials, officers,
employees and agents free and harmless from any claim or liability arising out of any
failure or alleged failure to comply with the Prevailing Wage Laws.
3.2.12 Bonds.
3.2.12.1 Performance Bond. If specifically requested by City in
Exhibit "B" attached hereto and incorporated herein by reference, Contractor shall execute
and provide to City concurrently with this Agreement a Performance Bond in the amount of
the total, not-to-exceed compensation indicated in this Agreement, and in a form provided
or approved by the City. If such bond is required, no payment will be made to Contractor
until it has been received and approved by the City.
3.2.12.2 Payment Bond. If required by law or otherwise
specifically requested by City in Exhibit "B" attached hereto and incorporated herein by
reference, Contractor shall execute and provide to City concurrently with this Agreement a
Payment Bond in the amount of the total, not-to-exceed compensation indicated in this
Agreement, and in a form provided or approved by the City. If such bond is required, no
payment will be made to Contractor until it has been received and approved by the City.
3.2.12.3 Bond Provisions. Should, in City's sole opinion, any
[insert Name of Company] CLS Landscape Management, Inc
Page 5 of [insert last page number of agreement]
bond become insufficient or any surety be found to be unsatisfactory, Contractor shall
renew or replace the affected bond within 10 days of receiving notice from City. In the
event the surety or Contractor intends to reduce or cancel any required bond, at least thirty
(30) days prior written notice shall be given to the City, and Contractor shall post
acceptable replacement bonds at least ten (10) days prior to expiration of the original
bonds. No further payments shall be deemed due or will be made under this Agreement
until any replacement bonds required by this Section are accepted by the City. To the
extent, if any, that the total compensation is increased in accordance with the Agreement,
the Contractor shall, upon request of the City, cause the amount of the bonds to be
increased accordingly and shall promptly deliver satisfactory evidence of such increase to
the City. To the extent available, the bonds shall further provide that no change or
alteration of the Agreement (including, without limitation, an increase in the total
compensation, as referred to above), extensions of time, or modifications of the time,
terms, or conditions of payment to the Contractor, will release the surety. If the Contractor
fails to furnish any required bond, the City may terminate this Agreement for cause.
3.2.12.4 Surety Qualifications. Only bonds executed by an
admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, shall be
accepted. The surety must be a California-admitted surety with a currentA.M. Best's rating
no less than A:VIII and satisfactory to the City. If a California-admitted surety insurer
issuing bonds does not meet these requirements, the insurer will be considered qualified if
it is in conformance with Section 995.660 of the California Code of Civil Procedure, and
proof of such is provided to the City.
3.3 Fees and Payments.
3.3.1 Compensation. Contractor shall receive compensation, including
authorized reimbursements, for all Services rendered under this Agreement at the rates set
forth in Exhibit C attached hereto and incorporated herein by reference. The total
compensation shall not exceed [insert written dollar amount] ($[insert numerical dollar
amount]) without advance written approval of City's project manager. Extra Work may be
authorized, as described below, and if authorized, will be compensated at the rates and
manner set forth in this Agreement.
3.3.2 Payment of Compensation. Contractor shall submit to City a monthly
itemized statement which indicates work completed and hours of Services rendered by
Contractor. The statement shall describe the amount of Services and supplies provided
since the initial commencement date, or since the start of the subsequent billing periods,
as appropriate, through the date of the statement. City shall, within 45 days of receiving
such statement, review the statement and pay all approved charges thereon.
3.3.3 Reimbursement for Expenses. Contractor shall not be reimbursed for
any expenses unless authorized in writing by City.
3.3.4 Extra Work. At any time during the term of this Agreement, City may
[insert Name of Company] CLS Landscape Management, Inc
Page 6 of [insert last page number of agreement]
request that Contractor perform Extra Work. As used herein, "Extra Work" means any
work which is determined by City to be necessary for the proper completion of the Project,
but which the parties did not reasonably anticipate would be necessary at the execution of
this Agreement. Contractor shall not perform, nor be compensated for, Extra Work without
written authorization from City's Representative.
3.3.5 Prevailing Wages. Contractor is aware of the requirements of
California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code
of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the
payment of prevailing wage rates and the performance of other requirements on "public
works" and "maintenance" projects. If the Services are being performed as part of an
applicable "public works" or "maintenance" project, as defined by the Prevailing Wage
Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply
with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing
rates of per diem wages in effect at the commencement of this Agreement. Contractor
shall make copies of the prevailing rates of per diem wages for each craft, classification or
type of worker needed to execute the Services available to interested parties upon request,
and shall post copies at the Contractor's principal place of business and at the project site.
Contractor shall defend, indemnify and hold the City, its elected officials, officers,
employees and agents free and harmless from any claim or liability arising out of any
failure or alleged failure to comply with the Prevailing Wage Laws.
3.4 Accounting Records.
3.4.1 Maintenance and Inspection. Contractor shall maintain complete and
accurate records with respect to all costs and expenses incurred under this Agreement. All
such records shall be clearly identifiable. Contractor shall allow a representative of City
during normal business hours to examine, audit, and make transcripts or copies of such
records and any other documents created pursuant to this Agreement. Contractor shall
allow inspection of all work, data, documents, proceedings, and activities related to the
Agreement for a period of three (3) years from the date of final payment under this
Agreement.
3.5 General Provisions.
3.5.1 Termination of Agreement.
3.5.1.1 Grounds for Termination. City may, by written notice to
Contractor, terminate the whole or any part of this Agreement at any time and without
cause by giving written notice to Contractor of such termination, and specifying the
effective date thereof, at least seven (7) days before the effective date of such termination.
Upon termination, Contractor shall be compensated only for those services which have
been adequately rendered to City, and Contractor shall be entitled to no further
compensation. Contractor may not terminate this Agreement except for cause.
f
[insert Name of Company] CLS Landscape Management, Inc.
Page 7 of [insert last page number of agreement]
3.5.1.2 Effect of Termination. If this Agreement is terminated as
provided herein, City may require Contractor to provide all finished or unfinished
Documents and Data and other information of any kind prepared by Contractor in
connection with the performance of Services under this Agreement. Contractor shall be
required to provide such document and other information within fifteen (15) days of the
request.
3.5.1.3 Additional Services. In the event this Agreement is
terminated in whole or in part as provided herein, City may procure, upon such terms and
in such manner as it may determine appropriate, services similar to those terminated.
3.5.2 Delivery of Notices. All notices permitted or required under this
Agreement shall be given to the respective parties at the following address, or at such
other address as the respective parties may provide in writing for this purpose:
CONTRACTOR:
[Insert Name]
[Insert Address]
[Insert City, State zip]
Attn: [Contact Person]
CITY:
City of Rosemead
P.O. Box 399
Rosemead, CA 91770
Attn: [Insert Name & Department]
Such notice shall be deemed made when personally delivered or when mailed, forty-
eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to
the party at its applicable address. Actual notice shall be deemed adequate notice on the
date actual notice occurred, regardless of the method of service.
3.5.3 Cooperation; Further Acts. The Parties shall fully cooperate with one
another, and shall take any additional acts or sign any additional documents as may be
necessary, appropriate or convenient to attain the purposes of this Agreement.
3.5.4 Attorney's Fees. If either party commences an action against the other
party, either legal, administrative or otherwise, arising out of or in connection with this
Agreement, the prevailing party in such litigation shall be entitled to have and recover from
the losing party reasonable attorney's fees and all other costs of such action.
3.5.5 Indemnification. Contractor shall defend, indemnify and hold the City,
its officials, officers, employees, volunteers and agents free and harmless from any and all
[insert Name of Company] CLS Landscape Management, Inc
Page 8 of [insert last page number of agreement]
claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law
or equity, to property or persons, including wrongful death, in any manner arising out of or
incident to any alleged acts, omissions or willful misconduct of Contractor, its officials,
officers, employees, agents, consultants and contractors arising out of or in connection with
the performance of the Services, the Project or this Agreement, including without limitation
the payment of all consequential damages and attorneys fees and other related costs and
expenses. Contractor shall defend, at Contractor's own cost, expense and risk, any and all
such aforesaid suits, actions or other legal proceedings of every kind that may be brought
or instituted against City, its directors, officials, officers, employees, agents or volunteers.
Contractor shall pay and satisfy any judgment, award or decree that may be rendered
against City or its directors, officials, officers, employees, agents or volunteers, in any such
suit, action or other legal proceeding. Contractor shall reimburse City and its directors,
officials, officers, employees, agents and/or volunteers, for any and all legal expenses and
costs incurred by each of them in connection therewith or in enforcing the indemnity herein
provided. Contractor's obligation to indemnify shall not be restricted to insurance
proceeds, if any, received by the City, its directors, officials officers, employees, agents or
volunteers.
3.5.6 Entire Agreement. This Agreement contains the entire Agreement of
the parties with respect to the subject matter hereof, and supersedes all prior negotiations,
understandings or agreements. This Agreement may only be modified by a writing signed
by both parties.
3.5.7 Governing Law. This Agreement shall be governed by the laws of the
State of California. Venue shall be in Los Angeles County.
3.5.8 Time of Essence. Time is of the essence for each and every provision
of this Agreement.
3.5.9 City's Right to Employ Other Contractors. City reserves right to
employ other contractors in connection with this Project.
3.5. 10 Successors and Assigns. This Agreement shall be binding on the
successors and assigns of the parties.
3.5.11 Assignment or Transfer. Contractor shall not assign, hypothecate, or
transfer, either directly or by operation of law, this Agreement or any interest herein without
the prior written consent of the City. Any attempt to do so shall be null and void, and any
assignees, hypothecates or transferees shall acquire no right or interest by reason of such
attempted assignment, hypothecation or transfer.
3.5.12 Construction; References; Captions. Since the Parties or their agents
have participated fully in the preparation of this Agreement, the language of this Agreement
shall be construed simply, according to its fair meaning, and not strictly for or against any
Party. Any term referencing time, days or period for performance shall be deemed
[insert Name of Company] CLS Landscape Management, Inc.
Page 9 of [insert last page number of agreement]
calendar days and not work days. All references to Contractor include all personnel,
employees, agents, and subcontractors of Contractor, except as otherwise specified in this
Agreement. All references to City include its elected officials, officers, employees, agents,
and volunteers except as otherwise specified in this Agreement. The captions of the
various articles and paragraphs are for convenience and ease of reference only, and do
not define, limit, augment, or describe the scope, content, or intent of this Agreement.
3.5.13 Amendment; Modification. No supplement, modification, or
amendment of this Agreement shall be binding unless executed in writing and signed by
both Parties.
3.5.14 Waiver. No waiver of any default shall constitute a waiver of any other
default or breach, whether of the same or other covenant or condition. No waiver, benefit,
privilege, or service voluntarily given or performed by a Party shall give the other Party any
contractual rights by custom, estoppel, or otherwise.
3.5.15 No Third Party Beneficiaries. There are no intended third party
beneficiaries of any right or obligation assumed by the Parties.
3.5.16 Invalidity; Severability. If any portion of this Agreement is declared
invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the
remaining provisions shall continue in full force and effect.
3.5.17 Prohibited Interests. Contractor maintains and warrants that it has not
employed nor retained any company or person, other than a bona fide employee working
solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that
it has not paid nor has it agreed to pay any company or person, other than a bona fide
employee working solely for Contractor, any fee, commission, percentage, brokerage fee,
gift or other consideration contingent upon or resulting from the award or making of this
Agreement- For breach or violation of this warranty, City shall have the right to rescind this
Agreement without liability. For the term of this Agreement, no member, officer or
employee of City, during the term of his or her service with City, shall have any direct
interest in this Agreement, or obtain any present or anticipated material benefit arising
therefrom.
3.5.18 Equal Opportunity Employment. Contractor represents that it is an
equal opportunity employer and it shall not discriminate against any subcontractor,
employee or applicant for employment because of race, religion, color, national origin,
handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited
to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or
recruitment advertising, layoff or termination. Contractor shall also comply with all relevant
provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other
related programs or guidelines currently in effect or hereinafter enacted.
3.5.19 Labor Certification. By its signature hereunder, Contractor certifies
[insert Name of Company] CLS Landscape Management, Inc.
Page 10 of [insert last page number of agreement]
that it is aware of the provisions of Section 3700 of the California Labor Code which require
every employer to be insured against liability for Worker's Compensation or to undertake
self-insurance in accordance with the provisions of that Code, and agrees to comply with
such provisions before commencing the performance of the Services.
3.5.20 Authority to Enter Agreement. Contractor has all requisite power and
authority to conduct its business and to execute, deliver, and perform the Agreement.
Each Party warrants that the individuals who have signed this Agreement have the legal
power, right, and authority to make this Agreement and bind each respective Party.
3.5.21 Counterparts. This Agreement may be signed in counterparts, each of
which shall constitute an original.
3.6 Subcontracting.
3.6.1 Prior Approval Required. Contractor shall not subcontract any portion
of the work required by this Agreement, except as expressly stated herein, without prior
written approval of City. Subcontracts, if any, shall contain a provision making them
subject to all provisions stipulated in this Agreement.
[signatures on next page]
[insert Name of Company)
Page 11 of [insert last page number of agreement]
CITY OF ROSEMEAD
By:
City Manager [UNDER $25,000]
OR Mayor [OVER $25,000]
Attest:
[INSERT NAME OF CONTRACTOR]
CLS Landscape Management, Inc
Name: Kevin L. Dav
President
Gloria Molleda
City Clerk
Approved as to Form:
Garcia Calderon Ruiz LLP
City Attorney
[If Corporation, TWO SIGNATURES, President
OR Vice President AND Secretary, AND
CORPORATE SEAL OF CONTRACTOR
REQUIRED]
By
Name: Laura Han-
-qt-n--Title: Chief Financial Officer
02109
Document2
EXHIBIT A
SCOPE OF MAINTENANCE SERVICES
[insert scope]
A-1
EXHIBIT B
SCHEDULE OF MAINTENANCE SERVICES
[insert schedule]
B-1
EXHIBIT C
COMPENSATION
[insert rates & authorized reimbursable expenses]
C-1
EXHIBIT D
INSURANCE REQUIREMENTS
Prior to the beginning of and throughout the duration of the Work, Consultant will maintain
insurance in conformance with the requirements set forth below. Consultant will use
existing coverage to comply with these requirements. If that existing coverage does not
meet the requirements set forth here, Consultant agrees to amend, supplement or endorse
the existing coverage to do so. Consultant acknowledges that the insurance coverage and
policy limits set forth in this section constitute the minimum amount of coverage required.
Any insurance proceeds available to City in excess of the limits and coverage required in
this agreement and which is applicable to a given loss, will be available to City.
Consultant shall provide the following types and amounts of insurance
[Note: verify minimum limit for each coverage with Risk Manager]
Commercial General Liability Insurance using Insurance Services Office "Commercial
General Liability" policy form CG 00 01 or the exact equivalent. Defense costs must be
paid in addition to limits. There shall be no cross liability exclusion for claims or suits by
one insured against another. Limits are subject to review but in no event less than
$1,000,000 per occurrence.
Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including symbol
1 (Any Auto) or the exact equivalent. Limits are subject to review, but in no event to be less
that $1,000,000 per accident. If Consultant owns no vehicles, this requirement may be
satisfied by a non-owned auto endorsement to the general liability policy described above.
If Consultant or Consultant's employees will use personal autos in any way on this project,
Consultant shall provide evidence of personal auto liability coverage for each such person.
[Note: may need to delete workers' compensation and employer's liability insurance
requirements for certain sole proprietorships, partnerships, or corporations without
employees]
Workers Compensation on a state-approved policy form providing statutory benefits as
required by law with employer's liability limits no less than $1,000,000 per accident or
disease.
[Note: If the required limits for general liability, auto and employer's liability are $1
million or less, the following paragraph may be omitted.]
Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit requirements,
shall provide coverage at least as broad as specified for the underlying coverages. Any
such coverage provided under an umbrella liability policy shall include a drop down
provision providing primary coverage above a maximum $25,000 self-insured retention for
liability not covered by primary but covered by the umbrella. Coverage shall be provided on
a "pay on behalf" basis, with defense costs payable in addition to policy limits. Policy shall
contain a provision obligating insurer at the time insured's liability is determined, not
D-1
requiring actual payment by the insured first. There shall be no cross liability exclusion
precluding coverage for claims or suits by one insured against another. Coverage shall be
applicable to City for injury to employees of Consultant, subconsultants or others involved
in the Work. The scope of coverage provided is subject to approval of City following receipt
of proof of insurance as required herein. Limits are subject to review but in no event less
than $ per occurrence.
Professional Liability or Errors and Omissions Insurance as appropriate shall be written on
a policy form coverage specifically designed to protect against acts, errors or omissions of
the consultant and "Covered Professional Services" as designated in the policy must
specifically include work performed under this agreement. The policy limit shall be no less
than $1,000,000 per claim and in the aggregate. The policy must "pay on behalf of the
insured and must include a provision establishing the insurer's duty to defend. The policy
retroactive date shall be on or before the effective date of this agreement.
Insurance procured pursuant to these requirements shall be written by insurers that are
admitted carriers in the state of California and with an A. M. Bests rating of A- or better and
a minimum financial size Vll.
General conditions pertaining to provision of insurance coverage by Consultant.
Consultant and City agree to the following with respect to insurance provided by
Consultant:
1. Consultant agrees to have its insurer endorse the third party general liability
coverage required herein to include as additional insureds City, its officials,
employees and agents, using standard ISO endorsement No. CG 2010 with an
edition prior to 1992. Consultant also agrees to require all contractors, and
subcontractors to do likewise.
2. No liability insurance coverage provided to comply with this Agreement shall
prohibit Consultant, or Consultant's employees, or agents, from waiving the right
of subrogation prior to a loss. Consultant agrees to waive subrogation rights
against City regardless of the applicability of any insurance proceeds, and to
require all contractors and subcontractors to do likewise.
3. All insurance coverage and limits provided by Contractor and available or
applicable to this agreement are intended to apply to the full extent of the
policies. Nothing contained in this Agreement or any other agreement relating to
the City or its operations limits the application of such insurance coverage.
4. None of the coverages required herein will be in compliance with these
requirements if they include any limiting endorsement of any kind that has not
been first submitted to City and approved of in writing.
5. No liability policy shall contain any provision or definition that would serve to
eliminate so-called "third party action over" claims, including any exclusion for
bodily injury to an employee of the insured or of any contractor or subcontractor.
D-2
6. All coverage types and limits required are subject to approval, modification and
additional requirements by the City, as the need arises. Consultant shall not
make any reductions in scope of coverage (e.g. elimination of contractual liability
or reduction of discovery period) that may affect City's protection without City's
prior written consent.
7. Proof of compliance with these insurance requirements, consisting of certificates
of insurance evidencing all of the coverages required and an additional insured
endorsement to Consultant's general liability policy, shall be delivered to City at
or prior to the execution of this Agreement. In the event such proof of any
insurance is not delivered as required, or in the event such insurance is canceled
at any time and no replacement coverage is provided, City has the right, but not
the duty, to obtain any insurance it deems necessary to protect its interests
under this or any other agreement and to pay the premium. Any premium so paid
by City shall be charged to and promptly paid by Consultant or deducted from
sums due Consultant, at City option.
8. Certificate(s) are to reflect that the insurer will provide 30 days notice to City of
any cancellation of coverage. Consultant agrees to require its insurer to modify
such certificates to delete any exculpatory wording stating that failure of the
insurer to mail written notice of cancellation imposes no obligation, or that any
party will "endeavor" (as opposed to being required) to comply with the
requirements of the certificate.
9. It is acknowledged by the parties of this agreement that all insurance coverage
required to be provided by Consultant or any subcontractor, is intended to apply
first and on a primary, noncontributing basis in relation to any other insurance or
self insurance available to City.
10. Consultant agrees to ensure that subcontractors, and any other party involved
with the project who is brought onto or involved in the project by Consultant,
provide the same minimum insurance coverage required of Consultant.
Consultant agrees to monitor and review all such coverage and assumes all
responsibility for ensuring that such coverage is provided in conformity with the
requirements of this section. Consultant agrees that upon request, all
agreements with subcontractors and others engaged in the project will be
submitted to City for review.
11. Consultant agrees not to self-insure or to use any self-insured retentions or
deductibles on any portion of the insurance required herein and further agrees
that it will not allow any contractor, subcontractor, Architect, Engineer or other
entity or person in any way involved in the performance of work on the project
contemplated by this agreement to self-insure its obligations to City. If
Consultant's existing coverage includes a deductible or self-insured retention,
the deductible or self-insured retention must be declared to the City. At that time
the City shall review options with the Consultant, which may include reduction or
elimination of the deductible or selfinsured retention, substitution of other
coverage, or other solutions.
D-3
12. The City reserves the right at any time during the term of the contract to change
the amounts and types of insurance required by giving the Consultant ninety (90)
days advance written notice of such change. If such change results in substantial
additional cost to the Consultant, the City will negotiate additional compensation
proportional to the increased benefit to City.
13. For purposes of applying insurance coverage only, this Agreement will be
deemed to have been executed immediately upon any party hereto taking any
steps that can be deemed to be in furtherance of or towards performance of this
Agreement.
14. Consultant acknowledges and agrees that any actual or alleged failure on the
part of City to inform Consultant of non-compliance with any insurance
requirement in no way imposes any additional obligations on City nor does it
waive any rights hereunder in this or any other regard.
15. Consultant will renew the required coverage annually as long as City, or its
employees or agents face an exposure from operations of any type pursuant to
this agreement. This obligation applies whether or not the agreement is canceled
or terminated for any reason. Termination of this obligation is not effective until
City executes a written statement to that effect.
16. Consultant shall provide proof that policies of insurance required herein expiring
during the term of this Agreement have been renewed or replaced with other
policies providing at least the same coverage. Proof that such coverage has
been ordered shall be submitted prior to expiration. A coverage binder or letter
from Consultant's insurance agent to this effect is acceptable. A certificate of
insurance and/or additional insured endorsement as required in these
specifications applicable to the renewing or new coverage must be provided to
City within five days of the expiration of the coverages.
17. The provisions of any workers' compensation or similar act will not limit the
obligations of Consultant under this agreement. Consultant expressly agrees not
to use any statutory immunity defenses under such laws with respect to City, its
employees, officials and agents.
18. Requirements of specific coverage features or limits contained in this section are
not intended as limitations on coverage, limits or other requirements nor as a
waiver of any coverage normally provided by any given policy. Specific reference
to a given coverage feature is for purposes of clarification only as it pertains to a
given issue, and is not intended by any party or insured to be limiting or all-
inclusive.
19. These insurance requirements are intended to be separate and distinct from any
other provision in this agreement and are intended by the parties here to be
interpreted as such.
D-4
20. The requirements in this Section supersede all other sections and provisions of
this Agreement to the extent that any other section or provision conflicts with or
impairs the provisions of this Section.
21. Consultant agrees to be responsible for ensuring that no contract used by any
party involved in any way with the project reserves the right to charge City or
Consultant for the cost of additional insurance coverage required by this
agreement. Any such provisions are to be deleted with reference to City. It is not
the intent of City to reimburse any third party for the cost of complying with these
requirements. There shall be no recourse against City for payment of premiums
or other amounts with respect thereto.
Consultant agrees to provide immediate notice to City of any claim or loss against
Consultant arising out of the work performed under this agreement. City assumes no
obligation or liability by such notice, but has the right (but not the duty) to monitor the
handling of any such claim or claims if they are likely to involve City.
D-5
CLS
r hnn~ 1 eLl nri ~ _r.
I'll. f c 1.4114,1 f, 4d1
CLS LANDSCAPE MANAGEMENT, INC.
COMPARISON CHECKLIST
The following checklist is provided for you to compare services
proposed by landscape maintenance companies submitting bids:
QUALIFICATIONS
✓ SERVING THE INDUSTRY SINCE 1983.
✓ MEMBER OF COMMUNITY ASSOCIATIONS INSTITUTE (CAI).
✓ A, B, C27, C61, D49, QAC LICENSES.
✓ 24-HOUR EMERGENCY SERVICE.
✓ UNIFORMED MAINTENANCE MEN.
✓ PROPERTIES OVERSEEN WEEKLY BY AREA MANAGERS
✓ Q1JAI.ITY CONTROL SYSTEM WITH MONTHLY
REPORTS.
✓ ALL CLS EMPLOYEES ARE COVERED BY WORKMAN'S
COMPENSATION AND LIABILITY INSURANCE.
✓ $1,000,000.00 LIABILITY INSURANCE POLICY.
✓ CERTIFIED IRRIGATION TECHNICIANS.
✓ WE OFFER THE SERVICE OF WATER MANAGEMENT
✓ CELLULAR PHONE DISPATCHED TRUCKS.
✓ LAWN CARE AND PEST CONTROL.
✓ ARBORIST DIVISION - 2 CERTIFIED ARBORISTS ON
STAFF, CERTIFIED TREE WORKER.
✓ WIRE TRACING AND CLOCK REPAIR.
✓ CONCRETE / CONSTRUCTION DIVISION.
✓ SAFETY COORDINATOR/TRAINER.
_ CLS LANDSCAPE MANAGEMENT, INC.
- CORPORATE CAPABILITIES
C L S CLS Landscape Management, Inc has been providing quality
landscape and tree maintenance services throughout Southern California
since 1983 The foundation of our business is based on providing the
n,Ir NI h'tl n..
quality services that you, the customer, require and deserve.
We proudly service over 200 Homeowner Associations and
various municipalities such as City of Arcadia since 2000, City of Chino
Hills since 2003, City of Upland since 1998, LA County Sanitation since
2000, Arcadia Unified School District since 2000, Chino Unified School
District since 2000 and Duarte Unified School District since 2000. In
addition to landscape maintenance, we have a full service Arborist
Division that is managed by an on staff Certified Arborist.
CLS Landscape Management, Inc. holds the following valid
licenses:
• Class A & B C-27,C-61, D49 Contractors License #650883
• Certified Arborist WE-2007A and WE-6676A
• Qualified Applicators Certificate #45193
Qualified Applicators License #39682
• Winner of the National Arborist Association Excellence in
Arboriculture Award 2001
CLS Landscape Management, Inc. prides itself on keeping up-to-
date, well-maintained trucks and equipment that proudly display the
distinctive company logo. Our staff is in constant contact with the
corporate office by way of cellular phones and pagers. This means any
service requests that are called in by our clients are dispatched to our
crews and are handled as soon as possible
CLS
Page 2
We have 17 full-time Irrigation Technicians on staff to service all
of our clients' irrigation needs.
CLS Landscape Management, Inc. also has a full-time roll-off
truck and Bandit recycler that allows us to recycle all of the green waste
generated by the company:
CLS
CLS LANDSCAPE MANAGEMENT, INC.
STAFF QUALIFICATIONS
' Kevin L. Davis- President
Kevin is the President of CLS Landscape Management, Inc., which was
established in 1983.
Certified Arborist ##WE-2007A
Member of the National Arborist Association
Member of the International Society of Arboriculture
Contractors License- Class A & B, C27 and C61/D49
Laura Hansen- Chief Financial Officer
Laura has been employed with CLS since 1990.
Larva is in charge of all aspects of the Financial Administration for the
Company. She is also the assistant to Kevin Davis, President.
Pat Strohman- Senior Vice President
Pat has been employed with CLS since 1993 Pat is in charge of
overseeing the day-today operations for the entire company.
Qualified Applicator Certificate #45193
Martin Franco - General Manager
Martin has been employed with CLS since 2000 and has over 15 years
experience in this industry.
Martin assists Pat Strohrnan, Senior Vice President, with the day-to-day
operations of the Landscape Division and heads up our Riverside County
Branch.
Martin is also a Certified Irrigator.
ICL S
• YI it r . I J Ir. n
Management Staff
Anselmo Gonzalez- Area Manager
Anselmo has been employed with CLS since 1990.
Anselmo oversees day-to-day operations in the City of Arcadia
Anselmo is also a Certified Irrigator.
Felix Canales-Assistant Area Manager
Felix has been employed with CLS since 1986.
Felix assists Anselmo Gonzalez with day-today operations of his
geographical area that includes over 20 projects
Joe Candias-Estimator
Joe has been employed with CLS since 2005.
Joe oversees day-to-day operations for our construction division and is our
chief estimator
Joe is also a Qualified Applicator License 436572.
Jose Marquez - Area Manager
Jose has been employed with CLS since 1989
Jose over sees day-to-day operations for our contract with City of Chino
Hills
Lucas Mitchell- Tree Division Manager
Lucas has been employed with CLS since 2003.
Lucas oversees the daily production of the tree crews and all aspects of
their work in the field.
Certified Arborist #WE-6676A
Member of the Western Chapter International Society of Arboriculture
Norm Todd- Tree Specialist
Norm has been employed with CLS since 2003 and is responsible for
inspecting trees and providing estimates based on his recommendations.
Norm has a bachelor's degree in Horticulture and has 40 years experience
in this field.
Ramon Segoviano- Area Manager
Ramon has been employed with CLS since 1997. Ramon oversees day-to-
day operations in his geographical area that includes over 25 projects
Ramon is also a Certified Irrigator.
Management staff continued
CLS
Ramon Tovar- Area Manager
Ramon has been employed with CLS since 2001. Ramon oversees day-to-
day operations in the City of Upland.
Ramon is also a Certified Irrigator.
Sergio Torres - Area Manager
Sergio has been employed with CLS since 2000 and has over 10 years
experience in this industry.
Sergio is in charge of day-to-day operations in his geographical area that
includes over 25 projects.
Shop and Fleet Management
Layne Barry- Inventory Control Manager/Fleet Manager
Layne has been employed with CLS since 2003 and oversees the purchase
and repair of all tools and equipment.
CL
Pii '1Atr 0, i(ur,
Corporate Office Staff
Leslie Lodahl - Office Manager
Leslie has been employed with CLS since 2003.
Leslie works closely with our Chief Financial Officer Laura Hansen to
oversee all aspects of the Office Administration.
Leslie also works with the Tree Division Manager and the Construction
Manager to schedule tree and construction work and assistant to Senior
Vice President.
I~i )11, 4141 i
11, Yolanda Vega- Human Resources
A '0'
Yolanda has been employed with CLS since 1999. Yolanda is in charge
of processing payroll and assists Laura Hansen, our Chief Financial
Officer, with Human Resources.
Jan Savvy-Senior Quality Control Manager
Jan has been employed with CLS since 2000.
Jan is in charge of quality control that includes monthly inspections and
reports to our clients. Jan is also the Chief Editor to our quarterly
newsletter and assists our Vice President Pat Strohman with Marketing.
Gloria Flores- Office Assistant
Gloria has been employed with CLS since 2005. Gloria assists with all
aspects of front desk duties, including answering phones and processing
and dispatching service requests from our clients.
Andrea Chavez-Office Assistant
Andrea has been employed with CLS since 2007 Andrea processes all
bids, assists with answering phones and various other duties.
Katie Potter-Offtee Assistant
Katie has been employed with CLS since 2007. Katie assists with all
aspects of front desk duties and also assists on collection.
Sandra Flores - Quality Control Manager
Sandra has been employed with CLS since 2007.
Sandra assists our Senior Quality Control Manager Jan Savvy with quality
control that includes monthly inspections and reports to our clients.
CLS promotes continuing education for all employees. We believe
investing in our employees is the key to a prosperous future. CLS is
always looking for qualified personnel. As a result, we routinely advertise
for recruitment in La Opinion, the LA Times, and local newspapers.
CLS Landscape Management, Inc.
References
Sunnymead Ranch Property Owners Association
Diane Pitchers, General Manager-(951) 924-2249
23600 Sunnymead Ranch Parkway
Moreno Valley, CA 92557
70 Acres-CLS Client Since 2001
Four Seasons Homeowners Association
29750 Willows Avenue
Murrieta, CA 92563
Euclid Management Co.- (951) 46 l -0072
10 Acres--C-LS Client Since 2003
The City of Upland
Roger Barber
(909) 931-4230
460 North Euclid Avenue
Upland, CA 91785
80 Acres--CLS Client Since 1998
Riverwalk #9 Homeowners Association
Ruth Ramirez, Association Manager - (626) 967-7921
Collette and La Sierra in Riverside
15 Acres-CLS Client Since 2002
Creekside Village West Homeowners Association
Nancy Martin, Association Manager--{909) 3 99-3 101
Haven Avenue and Creekside Drive in Ontario
CLS Client Since 2003
Corona Ranch Properties Homeowners Association
Melissa Jaffe, Association Manager-(909) 981-4131
Hidden Valley and Village Loop in Corona
30 Acres---CLS Client Since 2002
CLS Landscape Management, Inc.
CLS Landscape Management, Inc. proudly maintains over 200 Homeowners Associations,
cities, school districts, business parks and municipalities. We have been serving the indus-
try since 1983. We pride ourselves on our prompt service and attention to detail. Our team
of experienced staff members enables us to maintain long-term relationships.
CLS Awards
• 2001 National Arborist Association Award
• 2002 California Landscape Contractors Association
Beautification Award
All vehicles proudly display the CLS company logo.
Hillside Community Church, Alta Loma
2002 Beautification Award from CLCA
Reference-Pat Malloy (909) 292-3284
CLS Landscape Management, Inc.
Arborist Division
• Certified Arborists
Licensed and Insured
Tree Plans and Evaluations
CLS Landscape Management, Inc.
Arborist Division
CLS Landscape Management, Inc.
Green Waste Recycling
CLS Landscape Management,
Inc. is a 100% green waste
recycling company. We use all
of the green waste that is
removed from our properties to
produce landscape mulch that
we make available to all of our
clients. Everything removed
from our properties is recycled
and redistributed back onto our
associations, cities and school
districts throughout the Inland
Empire.
The Beast 3680 built by Bandit
Industries was designed for
green waste recycling and it is
outfitted with a 575 horsepower
diesel engine that drives a cutter
drum measuring 30" high x 60"
wide with 60 cutter bodies
mounted to it turning over 8,000
rpm. It can take a 10" by 20'
long tree and reduce it to a fine
mulch in a matter of minutes.
100% Green Waste Recycling
HAVEN MANAGEMENT
215 It Convention Centel Way, Suite 222 Ontario, CA 91 764
Phone (909) 937-7199 - Fax (909) 937-7199
July 3 1, 2007
RE Letter of Referral
To Whom It May Concern
CLS Landscape Management currently provides the monthly maintenance at independence ai
Terra Vista HOA in Rancho Cucamonga, Sandstone HOA in Mentone and Etiwanda Estates
HOA in Rancho Cuc.--,monga The board interviewed many contractors foT these accounts All of
the boards expTessed the same concern in regards to emergency response time and property
evaluations It is one thing to provide a professional bid packet but it is another to deliver on thai
and CLS Landscape Management does They are professional, their emergency service is the besi
in the industry, they are fair, and they provide pmventative maintenance plans to overall reduce
costs at the same time providing a level of service that has exceeded ow expectations Needles:
to say we are very pleased with their work The Associations mentioned above have never
looked better
As an account manager 1 have worked with CLS Landscape Management for many years
highly recommend them for any landscape maintenance rieeds your community may have
Feel free to call rr,e at a_ray tir"Ic if you have any questions
Sincerely,
Nadine Gump, Haven N! ,a ement
Account Supervisor
August, 2007
TO WHOM Tr MAY CONCERN;
CIS Landscape Maegement has been
Associations for many years anS their Pedorming work for numerous of our Homeowner
in an ~ shows in everyjob. They are honest, straight
forward, and professional
We highly recommend them to perform any and all tasks they endeavor.
We have pemO~Y known this Core
questions have a pant in excess of twenty years. Should you have any
regarding their service, please do not hesitate contact our office.
Sincerely,
.ley N• , Certw Community Association Manager
MOT Department
DATE 7-24-07
TO - Whom it may concem
FROM MAINTENANCE SUPERVISOR (MIKE MILLER)
SUBJECT: CLS
Services---
Arcadia Unified has contracted with CLS since 2000 to provide landscape services foi
the District, along with their landscaping services, which are fantastic, we have
contracted _a1J of our tree trimming and removal wit}i them and during this time (have had
the privilege to work with Lucas Mitchell in the Tree Department. Lucas has always
given us prompt service from emergency call-outs to meeting with me on a whim and
providing me with a speedy proposal to trim a school Along with the proposal, he will
make sure that all tree trimming is done convenient to the district so as to provide
minimal, or no interruption to the schools, a very tough thing to do It's been a great
working relationship with CLS these past seven years.
Mike Miller (Mointenance Supervisor)
Ph# (626) 255-2098
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REL
FOR
Angust2 2007
CIS Landscape Management, Inc.
Attu Pat
4711 Schaefer Ave.
Chino, CA 91710
Dear Pat,
on behalf of Relay for Life - Upland, we gratefully acknowledge your kindness and
gel o ty in your donation of yellow flowers in support of ~HuEW and Puffin' Fol
Team Upland's at our Annual Rey for Relay for Life - Upland, held at Magnolia Park
on June 2 & 3, 2007. The flowers were used not only as beautiful landscape decor ire
front of the pig's house (we had three little
to support our theme of "blo pigs, a big bad wolf and brick house made
survivor
's to be planted in memory of their cancer survival. they were also given to cancel
Due to your generosity, we were able to have Relay for. Life in the City of upland - the
City of Gracious Living and we are able to further our mission in eliminating cancer at
a major health problem by preven
from bng cancer, saving lives, and dimini~ in~o suff"
cancer through r05ea~ education, advocacy and service.
Again, thank you for your generous support to the American Cancer Society/Relay foi
Life- It means the world to me and to all individuals that have been affected by cancer.
Spy,
Stacey Guzman
Relay for Life Chair
Amer"n Cancer Society Tax ID#: 94.1170350
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CEMETERY
August 6, 2007
To Whom it may Concern:
The Pomona Cemetery has been doing business with CIS Landscape Management since
•1949. They do an excellent job of maintaining the many species of trees we have on the
e0meterY MPerty. They have also given us outstanding sorvice. Due to the nature of
our work they have responded at a moments notice when we have had an emergency.
Their Tree Trimming Manager, Lucas Mitchell is a wealth of knowledge and his
"P'161 is VPM!ated. It has been our pleasure to work with CIS and I would highly
recommend them.
Sincerely,
Melody Baxter
General Manager
CREMAI
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April 16, 2007
To Whom It MAY ConctnL
I have bow wokWg v ft lac. on eevenl of mY lm~
why I Would ~~4B1Y Oftbnd*wS lamer secvioe and attc~oa to dddl is
you nmy bave, them 1,Or APY I adw" or tree msfidwaae pmjeft
1 can be Med At (909) 981-4131, should you have any gnesCiouL
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INSURERS AFFORDING COVERAGE NAIC aX
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NOTICE TO THE COnVIC.ATE !OLDER NAMED TO THE LEFT. WT FALURE TO 00 80 MALL
IMFOtE No COUGATENI OR LLWJrV OF ANY IOTA UPON THE SNWFZR, rTa ADEM OR
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AI.IFORNIA DEPARTMENT OF PESTICIDE REGULATION
ISSUED January 01, 2009
FRPIRF,S: December 31, 2010
miro'na addj::v
1001 1 STREET
SACRAMENTO, CALFORNIA 95814
PEST CONTO)L OVSM SS MAIN
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CLS LANDSCAPE MANAGEMEN i CLS LANDSCAPE MANAUEMEN 1
4711 SCHAEFER A VE 4711 SCHAEFER AVE
CHINO, CA 91710 CHTN'O• CA 91710
%lary 4nn I6: rvr miam, Din!, t Y?
tRhN,4PKItKINFNQ tIN PUBLI( VIEN
IHE5LhLML-B140I BANSFERABL. ANN kH!kNULMOWNERSHIP REQUIRESANMN LLIENat
I request that following tree be planted in the City's easement located between the sidewalk and
street in front of my house (please check one):
The Gold Medallion tree (Cassia Leptophylla), blooms
beautiful yellow flowers in the summer.
The Pink Trumpet tree (Tabebuia Avellanedae),
provides one of the best displays of flowers that usually
bloom from July - September. The pinkish-lavender
flowers are large and tubular shaped
The Evergreen Pear tree (Pyrus Kawakamii), boasts
• dark green glossy, oval leaves with new foilage coming
in with touches of red. White clusters of flowers bloom
6_1 February - March.
I DO NOT want a tree planted in front of my home.
Print Name:
Signature:
Date:
Address:
Beautification Plan
D&B Comprehensive Insight Plus Report: AMERICAN ASPHALT SOUTH, INC
Small Business Comprehensive Insight Plus Report for D-U-N-S 03-2844180
lima AMERICAN ASPHALT SOUTH, INC.
= Solutions Report Printed May 6, 2009
/ Print this report
0 To save this report to your PC: Select File and then Save As from the browser menu bar Click on the Save in: drop-down
menu and select a location for your file. Enter a file name and save the report as a html or W file.
Copyright 2004 Dun & Bradstreet - Provided under contract for the exclusive use of subscriber Chris Marcarello, City of Rosemead
Company Snapshot Creditworthiness Payment History & Trends Public Filings History & Operations Banking & Finance
Company Snapshot
Business Summary
Profile
AMERICAN ASPHALT SOUTH, INC.
14436 Santa Ana Ave
Fontana, CA 92337
Mailing address:
PO Box 3610
Fontana. CA 92334
Tel: 909 427-8276
www amencanasphaltsouth com
D-U-N-S 03-2844180
D&B Rating: 1R3
Company Slats
Year started
Employees
Financing
Sales E
Chief Executive
S.I.C.
Industry
Highwaylstreet construction
2000
65
SECURED
$19,000,000
Alan Henderson , Pres-cfo
1611
This is a single location.
Likelihood this company will not pay on LOW q
time over the next 12 months
Credit Score Class: 2
1 2 3 4
5
Low Moderate
High
Likelihood this company will experience
f
LOW
inancial distress in the next 12 months
Financial Stress Class: 1
N
1 2 3 4
5
Low Moderate
High
Timeliness of historical payments for
"
SLOW
this company
D&B PAYDEXO: 78
100 0
The Net worth amount in this section may have been Anticipates Prompt 30 120
adjusted by D&B to reflect typical deductions, such as days slow days slow
certain intangible assets. Industry benchmark: Prompt
"Based on 36 trade experiences on file wdh D&B
Payment performance trend
over the past 90 days U N C H A N G E D
D&B offers guidance on credit limits for this company based on its profile as well as profiles of other
companies similar in size, industry, and credit usage Get details
Evidence of bankruptcy, fraud, or criminal proceedings in the history of this business or its
management NO
Noteworthy special events in this company's file YES.
Total number of suits, liens and judgments in this company's file 1
Value of open suits, liens and judgments for this company $1,000.
Value of open records refers only to 10 most recent filings for each record type. There may be additional suits
liens, judgments, or UCC filings in D&B's file on this company available by contacting 1-866-472-7362
Company Snapshot Creditworthiness Payment History & Trends Public Filings History & Operations Banking & Finance
Creditworthiness
Page 1 of 8
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D&B Comprehensive Insight Plus Report: AMERICAN ASPHALT SOUTH, INC
Summary
Likelihood this company will
LOW D&B Rating: 1R3
~
experience financial distress in
Number of employees: 1 R is 10 or more employees.
the next 12 months
Composite credit appraisal 3 is fair.
Likelihood this company will not
LOW The 1R and 2R ratings categories reflect company
pay on time over the next 12
size based on the total number of employees for the
months
business. They are assigned to business files that do
not contain a current financial statement. In 1 R and
2R Ratings, the 2, 3, or 4 creditworthiness indicator is
based on analysis by D&B of public filings, trade
payments, business age and other important factors.
2 is the highest Composite Credit Appraisal a
company not supplying D&B with current financial
information can receive. For more information, see
the D&B Rating Key.
Default on Payment: Financial Stress Summary
Likelihood this company will LOW,/ Key Factors
experience financial distress in 36 trade experiences exist for this company,
the next 12 months Financial Stress Score: 1480 (high risk: 1,001;1ow risk: 1,875)
Financial Stress Class. 1 No record of open lien(s), or judgment(s) in the D&B files.
4% of trade dollars indicate slow payment(s) are present.
Payment experiences exist for this firm which are greater
than 60 days past due.
1 2 3 4 5
Low Moderate High
During the prior year, firms in this Financial Stress Class had a
failure rate of 1.2%, which is 0.46 times lower than the national
average.
Financial stress national percentile: 94 (high risk: 1%; low risk:
100%)
National percentile industry norm: 38 (high risk: 1%; low risk:
100%)
Payment within Terms: Credit Score Summary
Likelihood this company will not
pay on time over the next 12
months
Credit Score Class 2
1 2 3 4 5
Low Moderate High
LOW,ye Key Factors
36 trade experiences exist for this company.
There are no credit score comments for this case
The Credit Score class of 2 for this company shows that 4.6% of
firms with this classification paid one or more bills severely
delinquent, which is lower than the average of businesses in
D&B's database.
Credit score percentile: 72 (high risk: 1 low risk: 100%)
Industry norm percentile 51 (high risk 1%; low risk 100%)
Additional Information
Financial Stress Summary
The Financial Stress Class indicates that this firm shares
some of the same business and financial characteristics of
other companies with this classification. It does not mean the
firm will necessarily experience financial stress.
The Incidence of Financial Stress shows the percentage of
firms in a given Class that discontinued operations over the
past year with loss to creditors. The Incidence of Financial
Stress - National Average represents the national failure rate
and is provided for comparative purposes.
The Financial Stress National Percentile reflects the relative
ranking of a company among all scorable companies in D&B's
file.
The Financial Stress Score offers a more precise measure of
the level of risk than the Class and Percentile It is especially
Credit Score Summary
The Incidence of Delinquent Payment is the percentage of
companies with this classification that were reported 90
days past due or more by creditors. The calculation of this
value is based on an inquiry weighted sample.
The Percentile ranks this firm relative to other businesses.
For example, a firm in the 80th percentile has a lower risk of
paying in a severely delinquent manner than 79% of all
storable companies in D&B's files.
Page 2 of 8
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D&B Comprehensive Insight Plus Report: AMERICAN ASPHALT SOUTH, INC
helpful to customers using a scorecard approach to determining
overall business performance.
- All Financial Stress Class, Percentile, Score and Incidence
statistics are based on 2004.
Company Snapshot Creditworthiness Payment History & Trends Public Filings History & Operations Banking & Finance
Payment History
Summary
Average payment performance trend UNCHANGED C) Company's payment performance over the AHEAD
when weighted by dollar amount past 12 months compared with its peers
Payment History Overview
Payment experiences on file with D&8:
36 Average highest credit:
$8,058
Payments made within terms
33(92%) Largest high credit:
$40,000
Amount placed for collections:
0(0%) Highest now owing:
$40.000
Highest past due:
$750
Historical Payment Trends: PAYDEXII"
Average payment performance trend when weighted by dollar amount
Last 3 months: Trend is unchanged U N C H A N G E D
Last 12 months: 3 days beyond terms D&B PAYDEX® 78
Industry benchmark: Prompt
100 0
Anticipates Prompt 30 120
days slow days slow
Based on payments collected over last 12 months.
Indications of slowness can be the result of dispute over merchandise, skipped invoices, etc. Accounts are
sometimes placed for collection even though the existence or amount of the debt is disputed
Historical Payment Trends: PAYDEXI&I Comparison to Industry
Company's payment performance over the past AHEAD
12 months compared with its peers
This company's 12-month high 79, or equal to 2 days beyond terms
This company's 12-month low: 78, or equal to 3 days beyond terms
NIA
20
30
40
U SO -
} b0 -
70
so ~ ■ L ■ s . ■ ■ ~ ■ ■
90
100
I I I I I I I I I I I I
t This Company ■ Industry Benchmark
the Primary Industry from each of the last four quarters
based on SIC code 1611.
Payment History Details
Shows PAYDEX scores of this Business compared to
The Primary Industry is Highway/street construction,
Page 3 of 8
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D&B Comprehensive Insight Plus Report: AMERICAN ASPHALT SOUTH. INC
Date Reported
Paying Record
High Credit (i)
Now Owes ti)
77 Sj
Selling Terms
Last Sale Within
(months)
04/09
Prompt
11,000
0
Net30
14-5
04/09
Prompt
1100
0
I6-12
03/09
03/09
Prompt
Prompt
140,000
35,000
40.000
35,000
0
0
1
I1
1
03109
Prompt
35,000
35.000
0
1
03109
Prompt
35,000
35,000
0
1
03/09
Prompt
30,000
30,000 J
0
t
03109
Prompt
20,000
7,500
0
1
03109
Prompt
10,000
0
0
1
03/09
Prompt
5,000
2,500
0
Net30
1
03109
Prompt
2,500
0
0
2-3
03109
Prompt
2,500
750
0
1
03109
Prompt
2.500
0
0
4-5
03/09
03109
03/09
Prompt
Prompt
Prompt
12,500
1,000
1,000
0
0 J
~
0
0
0
2-3
14-5
03109
Prompt
500
500
0
1
03109
Prompt
250
n
0
Net30
1
03109
Prompt
100
0
0
2-3
03/09
Prompt 1
50
50
50
1
03/09
Prompt-Slow 30
2,500
0
2-3
03109
Prompt-Slow 20
120+
10.000
0 I
O I
4-
03/09
(023)
750
750
0
1
03109
(024) 1
250
0
0
1
01109
Slow 5
1 000
Nef10
01/09
(026)
2.500
Cash account
1
01109
(027)
100
Cash account
1
12/08
Disc
1,000
0
0
2-3
12/08
10/08
(029) 1
Satisfactory.
Prompt 1
750 I
500
0
I
0
I
1
1
07!08
Prompt
500
0
D
6-12
02/08
Slow 5
1.000
1
01/08
Prompt
250
250
0
1
12/07
Slow 30
250
0
G I
3- 12
11107
(035)
750
750
750
6-12
10107
Prompt
0
0
0
Net30
6-12
Payment experiences reflect how bills are met in relation to the terms granted In some instances payment
beyond terms can be the result of dispute over merchandise, skipped invoices, etc.
Each experience shown is from a separate supplier. Updated trade experiences replace those previously
reported.
Payment Analysis By Industry
Company's dollar-weighted payments listed by the primary industries of its suppliers
Total Received Total Dollar Largest Within Slow 1-30 Slow 31- Slow 61- Slow
M Amount High Credit Terms 60 90 91+
M of dollar amount)
Industry
Short-trm busn credit 9 205,600 40,000 98 0 0 0 2
Whol industrial suppl 4 7,600 5,000 100 0 0 0 0
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5/6/2009
D&B Comprehensive Insight Plus Report: AMERICAN ASPHALT SOUTH, INC. Page 5 of 8
Radiotelephone commun
2
Nonclassified
2
Whol durable goods
1
Whol computers/softwr
1
Misc business credit
1
Rat auto supplies
1
Ret mail-order house
1
Mfg cleaning products
1
Who] hardware
1
Whol tiresttubes
1
Public finance
1
Misc general gov't
1
Whol office supplies
1
Hvy const eqpt rental
1
Telephone communictns
1
Whol chemicals
1
Other payment categories
Cash experiences
2
Payment record unknown
3
Unfavorable comments
0
Placed for collection
With D&B
0
Other
0
Total in D&B's file
36
11,000
10,000
100
0
0
0
0
1,000
500
100
0
0
0
0
2,500
2,500
100
0
0
0
0
2,500
2,500
100
0
0
0
0
2.500
2.500
50
50
0
0
0
2,500
2,500
100
0
0
0
0
1,000
1,000
100
0
0
0
0
1,000
1,000
0
100
0
0
0
1,000
1,000
100
0
0
0
0
1,000
1,000
100
0
0
0
0
1,000
1,000
0
100
0
0
0
750
750
100
0
0
0
0
250
250
0
100
0
0
0
250
250
100
0
0
0
0
250
250
100
0
0
0
0
50
50
100
0
0
0
0
2,600 2,500
1,750 750
0 0
0 0
N/A 0
246,100 40,000
There are 36 payment experiences in D&B's file for the most recent 12 months, with 24 experiences reported during the last three
month penod.
Company Snapshot Creditworthiness Payment History & Trends Public Filings History & Operations Banking & Finance
Public Filings
Summary of Court Actions
The following data includes both open and closed filings found In D&B's database on the subject company.
Record Type Open Records Open Value Total Records Most Recent Filing Date
Suits 1 51 000 1 11/21/2008
Liens 0 0 0
Judgments 0 0 0 -
UCC Filings N/A 16 0311912009
Bankruptcy Proceedings 0 N/A 0 -
Public filing data is for informational purposes only and is not the official record, Certified copies can only by obtained from the official source.
Number and value of open records refers only to 10 most recent filings for each record type There are additional suits, liens, judgments. or UCC
filings to D&B's file on this company available by contacting 1-866472-7362
Special Events
11/0612007 This business is located in an area at previous risk of fire damage from the Southern California wildfires D&B has
obtained information from published reports that indicate there has been no major impact to commercial buildings in
this area
10/25/2007 This business is located in a FEMA designated disaster area which may be impacted by the California wildfires. The
extent of impact to operations is under investigation. We will provide additional information as it becomes available.
Suits
Status Amount Cause Plaintiff Defendant Date Filed Additional Details
Pending $1.000 Unavailable CITY OF SAN AMERICAN 11/21/2008 Case number 800008975
DIEGO ASPHALT SOUTH Date status Attained 11/21/2008
INC Latest info Received 1210112008
https: //smallbusiness.dnb.comlwebapp/wcs/storeslservietIV iewReport?orderItemld=105865... 5/6/2009
D&B Comprehensive Insight Plus Report: AMERICAN ASPHALT SOUTH, INC.
Where filed SAN DIEGO COUNTY
SMALL CLAIMS COURT/SAN DIEGO
SAN DIEGO. CA
If it is indicated that there are defendants other than the report subject, the lawsuit may be an action to clear title to property and does not
necessarily imply a claim for money against the subject. Any public filings displayed in red are open
UCC Filings
Collateral
All Negotiable instruments
including proceeds and
products - All Inventory
including proceeds and
products - All Account(s)
including proceeds and
products - All Timber
including proceeds and
products - and OTHERS
Unavailable
Account(s) and proceeds -
General intangibles(s) and
proceeds - Equipment and
proceeds
Accounts receivable and
proceeds - Inventory and
proceeds - Account(s) and
proceeds - Vehicles and
proceeds - and OTHERS
Vehicles including
proceeds and products -
Equipment including
proceeds and products -
General intangibles(s)
including proceeds and
products - Contract rights
including proceeds and
products
Equipment and proceeds -
Vehicles and proceeds
Type Sec. Parry Debtor Date Filed Additional Details
Original PACIFIC WESTERN AMERICAN 06/20/2002 Filing number 0217260177
BANK, INDIAN ASPHALT Filed with. SECRETARY OF
WELLS. CA SOUTH INC STATE/UCC DIVISION,
SACRAMENTO, CA
Latest info Received 0710812002
Continuation PACIFIC WESTERN AMERICAN
BANK, INDIAN ASPHALT
WELLS CA SOUTH INC
Amendment PACIFIC WESTERN AMERICAN
BANK. INDIAN ASPHALT
WELLS CA SOUTH INC
Onginal
Original
Original
Vehicles and proceeds - Original
Equipment and proceeds
Vehicles and proceeds Original
Equipment and proceeds Original
Equipment and proceeds Original
Equipment and proceeds Original
Equipment and proceeds Onginal
FINANCIAL AMERICAN
FEDERAL CREDIT ASPHALT
INC, IRVINE. CA SOUTH, INC.
GENERAL AMERICAN
ELECTRIC CAPITAL ASPHALT
CORPORATION SOUTH INC
ANAHEIM, CA
GENERAL AMERICAN
ELECTRIC CAPITAL ASPHALT
CORPORATION, SOUTH. INC
ANAHEIM, CA
GENERAL AMERICAN
ELECTRIC CAPITAL ASPHALT
CORPORATION. SOUTH. INC
ANAHEIM. CA
HITACHI CAPITAL AMERICAN
AMERICA CORP. ASPHALT
NORWALK CT SOUTH INC
CITICAPITAL
AMERICAN
COMMERCIAL
ASPHALT
CORPORATION,
SOUTH INC
IRVING TX
CITICAPITAL
AMERICAN
COMMERCAIL
ASPHALT
CORPORATION,
SOUTH, INC.
IRVING, TX
CATERPILLAR
FINANCIAL
SERVICES
CORPORATION,
NASHVILLE, TN
CATERPILLAR
FINANCIAL
SERVICES
AMERICAN
ASPHALT
ASPHALT
SOUTH, INC.
AMERICAN
ASPHALT
SOUTH, INC
0110412007 Filing number 0770976003
Filed with SECRETARY OF
STATE/UCC DIVISION,
SACRAMENTO, CA
Latest info Received 01/0512007
0 311 912 0 0 9 Filing number: 0971911354
Filed with SECRETARY OF
STATE/UCC DIVISION,
SACRAMENTO, CA
Latest nfo Received 03/26/2009
1 012 0/20 0 3 Filing number 0330060191
Filed with: SECRETARY OF
STATE/UCC DIVISION,
SACRAMENTO, CA
Latest info Received: 11/13/2003
1011712006 Filing number 067088542969
Filed with SECRETARY OF
STATE/UCC DIVISION
SACRAMENTO CA
Latest info Received 10,2712006
10111/2006 Filing number 067087906447
Filed with SECRETARY OF
STATE/UCC DIVISION,
SACRAMENTO. CA
Latest info Received. 10119/2006
10107/2005 Filing number 057045015966
Filed with SECRETARY OF
STATE/UCC DIVISION
SACRAMENTO, CA
Latest info Received. 1 0124/20 0 5
08/03/2005 Filing number 057036448380
Filed with SECRETARY OF
STATE/UCC DIVISION
SACRAMENTO CA
Latest into Received 08115/2005
0412712005 Filing number 057025113175
Filed with SECRETARY OF
STATEIUCC DIVISION.
SACRAMENTO. CA
Latest info Received 05116/2005
02113/2003 Filing number: 0304961191
Filed with: SECRETARY OF
STATE/UCC DIVISION,
SACRAMENTO, CA
Latest info Received 03/0312003
02/06/2003 Filing number: 0304160630
Filed with: SECRETARY OF
STATE/UCC DIVISION,
SACRAMENTO, CA
Latest info Received: 02/24/2003
02/06/2003 Filing number 0304160621
Filed with. SECRETARY OF
STATE/UCC DIVISION,
Page 6 of 8
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D&B Comprehensive Insight Plus Report: AMERICAN ASPHALT SOUTH, INC. Page 7 of 8
CORPORATION, SACRAMENTO, CA
NASHVILLE, TN Latest info Received: 02124/2003
The public record items contained in this report may have Ueen paid terminated vacated or released prior to the date this report was printed There
are additional suits. liens. judgments. or UCC filings in D&B's file on this company available by contacting 1-666-472-7362 Any public filings
displayed in red are open
Government Activity
Activity Summary
Possible Candidate for Socio-Economic Program
Borrower (Dir/Guar)
No
Consideration
Administrative Debt
No
Labor Surplus Area Yes (2009)
Contractor
No
Yes (2009)
Grantee
No
Small Business
Party Excluded from Federal Program(s)
No
8(A) Firm NIA
The details provided in the Government Activity secti
on are as reported to D&B by the federal government and other sources
Company Snapshot Creditworthiness Payment History & Trends Public Filings History & Operations Banking & Finance
History & Operations
Topic Description
History Detailed information on the history of a company, including background information on the management team
and key principals, and information on related companies.
Company Detailed information on a company's operations, including the identity of the parent company, the geographic
Operations scope of the business, and the key holdings.
Industry Details on the specific industry within which a company is classified.
Classification
History
Officer(s): Director(s):
ALAN HENDERSON, PRES- THE OFFICER(S)
CFO
JEFF PETTY. V PRIES
LYLE STONE, SEC
Incorporated in the State of CA on 3/3/2003.
Business started 2000. 100% of capital stock is owned by officers.
ALAN HENDERSON born 1954. 2000-present active here. 1983-present employed with American Asphalt Repair And Resurfacing,
Hayward, CA.
JEFF PETTY bom 1965. 2000-present active here 1984-2000 was employed with American Asphalt Repair And Resurfacing,
Hayward, CA.
LYLE STONE born 1962. 2000-present active here. 1997-2000 was employed with CPM, Sacramento, CA.
Company Operations
Description: Contractor of highway and street work, specializing in highway or street maintenance (100%)
Terms are Net 30 days Sells to commercial concerns. Territory: Local.
Nonseasonal
Employees: 65 which includes officer(s).
Facilities: Rents premises in a one story building.
Location: Central business section on side street.
Industry Classification
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D&B Comprehensive Insight Plus Report: AMERICAN ASPHALT SOUTH, INC
SIC NAICS
16119902 Highway and street maintenance 237310 Highway, Street and Bridge
Construction
Based on information in our file, D&B has assigned this company an extended 8-digit SIC O&B's use of 8-dgrt SICs enables us to be more specific
to a company's operations than it we use the standard 4-digit code
The 4-digit SIC numbers link to the description on the Occupational Safety & Health Administration (OSHA) Web site Links open in a new browser
window
Company Snapshot Creditworthiness Payment History & Trends Public Filings History & Operations Banking & Finance
Banking & Finance
Key Business Ratios
D&B has been unable to obtain sufficient financial information from this company to calculate business ratios. Our check of additional
outside sources also found no information available on its financial performance.
To help you in this instance, ratios for other firms in the same industry are provided below to support your analysis of this business.
Industry Norms based on 14 establishments
This Business Industry Median Industry Quartile
Profitability
Return on Sales UN
39
UN
Return on Net Worth UN
17.0
UN
Short-Term Solvency
Current Ratio UN
2.0
UN
Quick Ratio UN
1.1
UN
Efficiency
Assets Sales UN
45.0
UN
Sales / Net Working Capital UN
63
UN
Utilization
Total Liabilities / Net Worth UN
138.8
UN
UN = Unavailable
Finance
08/30/2008
On SEP 19 2007 Jeff Petty, V Pres, deferred financial statement.
Jeff Petty submitted the following partial estimates dated SEP 19 2007:
Sales for 2006 were $19,000,000.
Company Snapshot Creditworthiness Payment History & Trends Public Filings History & Operations Banking & Finance
Customer Service
C Need help? Call Customer Service at (800) 333-0505, Monday through Friday, 8:00 AM to 6:00 PM Local Time.
0 Print this report
To save this report to your PC: Select File and then Save As from the browser menu bar. Click on the Save in. drop-down
menu and select a location for your file. Enter a file name and save the report as a html or.w file.
Copyright 2004 Dun & Bradstreet - Provided under contract for the exclusive use of subscriber Chris Marcarello, City of Rosemead
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D&B Comprehensive Insight Plus Report: SILVIA CONSTRUCTION, INC.
Small Business Comprehensive Insight Plus Report for D-U-N-S 60-293-4358
SILVIA CONSTRUCTION, INC.
Solutions Report Printed. May 6, 2009
0 Print this report
1 To save this report to your PC: Select File and then Save As from the browser menu bar. Click on the Save in: drop-down
menu and select a location for your file. Enter a file name and save the report as a html or txt file.
Copyright 2004 Dun & Bradstreet - Provided under contract for the exclusive use of subscriber Chris Marcarello. City of Rosemead
Company Snapshot Creditworthiness Payment History & Trends Public Filings History & Operations Banking & Finance
Company Snapshot
Business Summary
Profile
SILVIA CONSTRUCTION
INC
Likelihood this company will not pay on
MODERATE
,
.
time over the next 12 months
9007 Center Ave
Rancho Cucamonga, CA 91730
Credit Score Class: 3
Tel: 909 949-1127
Fax: 909 481-8122
1 2 3 4
5
Low Moderate
High
D-U-N-S 60-2934358
D&8 Rating: 1 R3
Likelihood this company will experience
LOW
Company Stats
financial distress in the next 12 months
Year incorporated 1989
Financial Stress Class: 1
Year started 1989
Employees 50-100
Financing SECURED
,
Financial statement date Dec 31, 2006
1 2 3 4
S
Net worth $2,153,450
Low Moderate
High
Sales F $30,663.362
Chief Executive Joseph Wayne Silvia,
Pres
Timeliness of historical payments for
SLOW Q
S.I.C. 1611
this company-
Industry
D&B PAYDEX& 77
Highwayfstreet construction
This is a single location.
100
0
Anticipates Prompt 30
120
The Net worth amount in this section may have been
daysslow
days stow
adjusted by D&B to reflect typical deductions, such as
certain intangible assets.
Industry benchmark: Prompt
"Based on 2e trade experiences on file with D&B
Payment performance trend
over the past 90 days 61UNCHANGED
D&B offers guidance on credit limits for this company based on its profile as well as profiles of other
companies similar in size, industry, and credit usage
Get details
Evidence of bankruptcy, fraud, or criminal proceedings in the history of this business or its
mana
ement
NOW
g
Noteworthy special events in this company's file
YES.
Total number of suits, liens and judgments in this company's file
1.
Value of open suits, liens and judgments for this company
$7,481.
Value of open records refers only to 10 most recent filings for each record type. There may be additional suits
liens. judgments. or UCC filings in D&B's file on this company available by contacting 1-866-472-7362.
Company Snapshot Creditworthiness Payment History & Trends Public Filings History & Operations Banking & Finance
Creditworthiness
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D&B Comprehensive Insight Plus Report: SILVIA CONSTRUCTION, INC.
Summary
Likelihood this company will LOW f
experience financial distress in
the next 12 months
Likelihood this company will not MODERATE /f
pay on time over the next 12
months
Default on Payment: Financial Stress Summary
Likelihood this company will
experience financial distress in
the next 12 months
Financial Stress Class: 1
■
1 2 3 4 5
Low Moderate High
D&B Rating: 1R3
Formerly 1 R4
Number of employees. 1 R is 10 or more employees.
Composite credit appraisal 3 is fair.
The 1 R and 2R ratings categories reflect company
size based on the total number of employees for the
business. They are assigned to business files that do
not contain a current financial statement. In 1 R and
2R Ratings, the 2, 3, or 4 creditworthiness indicator is
based on analysis by D&B of public filings, trade
payments, business age and other important factors.
2 is the highest Composite Credit Appraisal a
company not supplying D&B with current financial
information can receive. For more information, see
the D&B Rating Key.
LOW Key Factors
28 trade experiences exist for this company.
Financial Stress Score 1492 (high risk 1,001:low risk. 1,875)
No record of open lien(s), or judgment(s) in the D&B files.
During the prior year, firms in this Financial Stress Class had a
failure rate of 1.2%, which is 0.46 times lower than the national
average.
Financial stress national percentile 95 (high risk: 1%: low risk
100%)
National percentile industry norm: 38 (high risk: 1 low risk:
100%)
Payment within Terms: Credit Score Summary
Likelihood this company will not MODERATE /1\ Key Factors
pay on time over the next 12 " 28 trade experiences exist for this company.
months 9% of trade dollars indicate slow payment(s) are present
Credit Score Class 3
1 2 3 4 5
Low Moderate High
The Credit Score class of 3 for this company shows that 14.3%
of firms with this classification paid one or more bills severely
delinquent, which is lower than the average of businesses in
D&B's database.
Credit score percentile: 70 (high risk 1%, low risk: 100%)
Industry norm percentile: 51 (high risk: 1%, low risk: 100%)
Additional Information
Financial Stress Summary
The Financial Stress Class indicates that this firm shares
some of the same business and financial characteristics of
other companies with this classification. It does not mean the
firm will necessarily experience financial stress.
The Incidence of Financial Stress shows the percentage of
firms in a given Class that discontinued operations over the
past year with loss to creditors. The Incidence of Financial
Stress - National Average represents the national failure rate
and is provided for comparative purposes.
The Financial Stress National Percentile reflects the relative
ranking of a company among all storable companies in D&B's
file.
The Financial Stress Score offers a more precise measure of
Credit Score Summary
The Incidence of Delinquent Payment is the percentage of
companies with this classification that were reported 90
days past due or more by creditors The calculation of this
value is based on an inquiry weighted sample.
The Percentile ranks this firm relative to other businesses.
For example, a firm in the 80th percentile has a lower risk of
paying in a severely delinquent manner than 79% of all
storable companies in D&B's files.
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D&B Comprehensive Insight Plus Report: SILVIA CONSTRUCTION, INC.
the level of nsk than the Class and Percentile It is especially
helpful to customers using a scorecard approach to
determining overall business performance.
- All Financial Stress Class. Percentile. Score and Incidence
statistics are based on 2004.
Company Snapshot Creditworthiness Payment History & Trends Public Filings History & Operations Banking & Finance
Payment History
Summary
Average payment performance trend
when weighted by dollar amount
Payment History Overview
Payment experiences on file with D&B:
Payments made within terms:
Amount placed for collections.
UNCHANGED C] Company's payment performance over the
past 12 months compared with its peers
28 Average highest credit:
24(85%) Largest high credit.
0(0%) Highest now owing:
Highest past due:
Historical Payment Trends: PAYDEX1°
Average payment performance trend when weighted by dollar amount
Last 3 months. Trend is unchanged U N C H A N G E D
Last 12 months 5 days beyond terms D&B PAYDF- 77
Industry benchmark: Prompt
100 0
Anticipates Prompt 30 120
daysslow days slow
MIXED
$9,078
$50,000
$40,000
$2,500
Based on payments collected over last 12 months.
Indications of slowness can be the result of dispute over merchandise, skipped invoices, etc. Accounts are
sometimes placed for collection even though the existence or amount of the debt is disputed.
Historical Payment Trends: PAYDEXO Comparison to Industry
Company's payment performance over the past MIXED Q
12 months compared with its peers
This company's 12-month high. 77, or equal to 5 days beyond terms
This company's 12-month low 72, or equal to 12 days beyond terms
N/A
20
30
yr so
ul 50
0
a 60-
70
100 I I I I I I I I I I I I
0k)NE 0-1106 (008 09108 10108 11108 12N9 011GJ v2005 03109 Cwi09 05!Cr9
This Company ■ Industry Benchmark
the Primary Industry from each of the last four quarters
based on SIC code 1611.
Payment History Details
Shows PAYDEX scores of this Business compared to
The Primary Industry is Highway/street construction,
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D&B Comprehensive Insight Plus Report: SILVIA CONSTRUCTION, INC.
Date Reported
Paying Record
1 High Credit
Now Owes
Past Due
Selling Terms
Last Sale Within
(months)
03/09
Prompt
40.000
30,000
0
03/09
Prompt
35,000
30,000
2,500
1
03/09
Prompt
30,000
15,000
0
Net30
1
03/09
Prompt
1
7,500
0
1
03/09
Prompt
1,000
1,000
0
~
1
03/09
Prompt
500
500
1
03/09
Prompt
50
50
0
03/09
Prompt-Slow 30
500
100
100
1
02/09
Prompt
20.000
7,500
0
1
02/09
Prompt
750
0
0
2-3
02109
Slow 5
11 000 1
0
0
Net30
1
01109
Slow 30
11.000
1750
50G
1
01109
(013)
15,000 I
J
~
Cash account
1
01/09
(014)
50
Cash account
6-12
12108
(015) 1750 I I I I1
Satisfactory.
11/08
Prompt-Slow 30
500
0 ~ 0
Net30
4-5
10/08
Prompt
11,000 1
0 0 J
2-3
09/08
Prompt
1,000
50
Lease Agreemnt
05108
Prompt
10 1
0 0
1
04/08
Prompt
50,000
40,000 0 J
04/08
Prompt
10.000
2-3
02/08
Prompt
7,500
1
02/08
02/08
Slow 30
Slow 30
15 000
2.500
J
I
12/07
Prompt
50
0 0
6-12
08/07
Prompt
11,000
1,000 0
Lease Agreemnt
07/07
Slow 30
250
0 0
6-12
05107
Slow 30 1
100 1
100 100
Payment experiences reflect how bills are met in relation to the terms granted. In some instances payment
beyond terms can be the result of dispute over merchandise, skipped invoices. etc.
Each experience shown is from a separate supplier. Updated trade experiences replace those previously
reported
Payment Analysis By Industry
Company's dollar-weighted payments listed by the primary industries of its suppliers
Total Received Total Dollar
Largest
Within
Slow 1-30 Slow 31-
Slow 61-
Slow
M
Amount
High Credit
Terms
6D
90
91+
of dollar amount)
Industry
Public finance
4
35,000
15.000
50
50
0
0
0
Misc business credit
3
91,000
50,000
100
0
0
0
0
Nonclassified
3
1,800
1,000
100
0
0
0
0
Whollumber/millwork
1
35,000
35,000
100
0
0
0
0
Hvy const eqpt rental
1
30,000
30,000
100
0
0
0
0
Misc business service
1
20,000
20,000
1D0
0
0
0
0
Radiotelephone commun
1
7,500
7,500
100
0
0
0
0
Misc equipment rental
1
1,000
1,000
100
0
0
0
0
Who[ petroleum prdts
1
1,000
1,000
0
100
0
0
0
Short-trm busn credit
1
1,000
1,000
100
0
0
0
0
Whol electrical equip
1
1,000
1,000
0
100
0
0
0
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D&B Comprehensive Insight Plus Report: SILVIA CONSTRUCTION, INC.
Misc general gov't
1
750
750
100
0
0
0
0
Photocopying service
1
500
500
100
0
0
0
0
Whol chemicals
1
500
500
50
50
0
0
0
Truck rentalfleasing
1
S00
500
50
50
0
0
0
Help supply service
1
250
250
0
100
0
0
0
Mfg cleaning products
1
100
100
0
100
0
0
0
Whol industrial suppl
1
50
50
100
0
0
0
0
Misc publishing
1
0
0
0
0
0
0
0
Other payment categories
Cash experiences
2
5,050
5,000
Payment record unknown
0
0
0
Unfavorable comments
0
0
0
Placed for collection
With D&B
0
0
0
Other
0
N/A
0
Total in D&B's file
28
232,000
50,000
There are 28 payment experiences in D&B's file for the most recent 12 months, with 11 experiences reported during the last three
month period.
Company Snapshot Creditworthiness Payment History & Trends Public Filings History & Operations Banking & Finance
Public Filings
Summary of Court Actions
The following data includes both open and closed filings found in D&B's database on the subject company.
Record Type Open Records Open Value Total Records Most Recent Filing Date
Suits I S7 481 1 0911712008
Liens 0 0 0
Judgments 0 0 0 -
UCC Filings 10 N/A 18 11/13/2007
Bankruptcy Proceedings 0 N/A 0 -
Public riling data is for informational purposes only and is not the official record Certified copies can only by obtained from the official source.
Number and value of open records refers only to 10 most recent filings for each record type There are additional suits, liens, judgments, or UCC
filings in D&B's file on this company available by contacting 1-866-472-7362.
Special Events
03/16/2009 D&B has recently requested an updated fiscal financial statement from this business. The receipt of this statement may
be delayed due to financial disclosure policies or other reasons When an updated financial statement is received, it will
be promptly made available in the Finance and/or Statement Update section.
10/2712008 A Rating change has occurred on this company
Suits
Status Amount Cause Plaintiff Defendant Date Filed Additional Details
Pending $7.481 Unavailable DAVID C. SILVIA 09117/2008 Case number 800013898
BECKER CONSTRUCTION Date status Attained 0 9/1 712008
INC Latest info Received 10/07/2008
Where filed. SAN DIEGO COUNTY
SMALL CLAIMS COURTMSTA.
VISTA. CA
If it is indicated that there are defendants other than the report subject. the lawsuit may be an action to clear title to property and does not
necessarily imply a claim for money against the subject Any public filings displayed in red are open
UCC Filings
Collateral Type Sec. Party Debtor Date Filed Additional Details
All Negotiable Instruments Original ALLIANCE BANK. SILVIA 08/09/2006 Filing number 067080926826
Including proceeds and IRVINE, CA CONSTRUCTION.
Filed with SECRETARY OF
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D&B Comprehensive Insight Plus Report: SILVIA CONSTRUCTION, INC.
products - All Inventory
including proceeds and
products - All Account(s)
including proceeds and
products - All Computer
equipment including
proceeds and products
and OTHERS
Negotiable instruments - Original
General intangibles(s) -
Chattel paper - Business
machinery/equipment - and
OTHERS
Account(s) and proceeds -
General intangibles(s) and
proceeds - Contract rights
and proceeds - Chattel
paper and proceeds -
Equipment and proceeds
Unavailable
Account(s) and proceeds -
General intangibles(s) and
proceeds - Contract rights
and proceeds - Chattel
paper and proceeds -
Equipment and proceeds
Account(s) and proceeds -
General intangibles(s) and
proceeds - Contract rights
and proceeds - Chattel
paper and proceeds -
Equipment and proceeds
Original
INC
STATE/UCC DIVISION
SACRAMENTO CA
Latest info Received 08/2812006
ORANGE COUNTY SILVA
BUSINESS BANK CONSTRUCTION,
N A., NEWPORT INC.
BEACH. CA
CENTER CAPITAL SILVIA
CORPORATION, CONSTRUCTION.
FARMINGTON, CT INC
Amendment CENTER CAPITAL
CORPORATION.
FARMINGTON,
CT CENTER
CAPITAL
CORPORATION DBA
CTB CAPITAL
CORP,
FARMINGTON, CT
Original CENTER CAPITAL
CORPORATION
FARMINGTON.CT
04/15/2003 Filing number: 0310660884
Filed with. SECRETARY OF
STATE/UCC DIVISION,
SACRAMENTO, CA
Latest info Received. 04/2812003
05/29/2007 Filing number 077115490569
Filed with SECRETARY OF
STATE/UCC DIVISION,
SACRAMENTO. CA
Latest info Received 06/08,92007
SILVIA 11/13/2007 Filing number 0771366987
CONSTRUCTION, Filed with SECRETARY OF
INC STATEIUCC DIVISION
SACRAMENTO. CA
Latest info Received 11/2V2007
SILVIA 05124/2007 Filing number 0771 15082405
CONSTRUCTION. Filed with SECRETARY OF
INC STATEIUCC DIVISION.
SACRAMENTO CA
Latest info Received. 0610812007
Original CENTER CAPITAL SILVIA 03/28/2007 Filing number: 077107877064
CORPORATION. CONSTRUCTION Filed with SECRETARY OF
FARMINGTON. CT INC STATE/UCC DIVISION.
SACRAMENTO CA
Latest info Received. 04/11/2007
Vehicles and proceeds -
Original
CITICAPITAL
SILVIA
12/0712006 Filing number 067094574850
Equipment and proceeds
COMMERCIAL
CONSTRUCTION
Filed with SECRETARY OF
CORPORATION,
INC
STATE/UCC DIVISION,
IRVING TX
SACRAMENTO CA
Latest info Received 12/1412006
Equipment and proceeds
Original
CITICAPITAL
SILVIA
1212112005 Filing number. 05 705289 1 1 58
COMMERCIAL
CONSTRUCTION.
Filed with SECRETARY OF
CORPORATION,
INC
STATE/UCC DIVISION.
IRVING. TX
SACRAMENTO. CA
Latest info Received. 01i 1112006
Equipment and proceeds
Original
CITICAPITAL
SILVIA
04106/2005 Filing number 057022277688
COMMERCIAL
CONSTRUCTION,
Filed with SECRETARY OF
CORPORATION.
INC.
STATEIUCC DIVISION
IRVING. TX
SACRAMENTO, CA
Latest info Received. 04119/2005
Vehicles and proceeds
Original
CITICAPITAL
SILVA
04106/2005 Filing number 057022268173
COMMERCIAL
CONSTRUCTION,
Filed with SECRETARY OF
CORPORATION.
INC.
STATEIUCC DIVISION,
IRVING. TX
SACRAMENTO CA
Latest info Received 04119/2005
Equipment and proceeds
Original
CITICAPITAL
SILVIA
10/1212004 Filing number 047002278656
COMMERCIAL
CONSTRUCTION.
Filed with SECRETARY OF
CORPORATION.
INC
STATEIUCC DIVISION.
IRVING TX
SACRAMENTO CA
Latest info Received 0 1 10 5/20 0 5
The public record items contained in this report may have been paid. ter
minated. vacated or released prior to the date this report was printed. There
are additional suits. liens, judgments, or UCC
filings in D&B's file on this
company available by contacting 1.866.472-7362 Any public filings
displayed in red are open
Government Activity
Activity Summary Possible Candidate for Socio-Economic Program
Borrower (Dir/Guar) No Consideration
Administrative Debt No Labor Surplus Area Yes (2009)
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D&B Comprehensive Insight Plus Report: SILVIA CONSTRUCTION, INC.
Yes (2009)
Contractor No Small Business
Grantee No
Party Excluded from Federal Program(s) No 8(A) Firm NIA
The details provided in the Govenment Activity section are as reported to D&B by the federal government and other sources
Company Snapshot Creditworthiness Payment History & Trends Public Filings History & Operations Banking & Finance
History & Operations
Topic
Description
History
Detailed information on the history of a company, including background information on the management
team and key principals, and information on related companies.
Registration &
Detailed registration and incorporation information, including the date and state of incorporation and the type
Incorporation
of corporation formed.
Company Operations
Detailed information on a company's operations, including the identity of the parent company, the
geographic scope of the business, and the key holdings.
Industry Classification
Details on the specific industry within which a company is classified.
History
Officer(s): Director(s):
JOSEPH WAYNE SILVIA, THE OFFICER(S)
PRES
BEN DAY, CFO
CLAIRE WAMEL, SEC
The California Secretary of State's business registrations file showed that Silvia Construction, Inc. was registered as a Corporation on
March 31. 1989.
Business started 1989 by Joseph Wayne Silvia and Ben Day. 33% of capital stock is owned by Joseph Wayne Silvia 67% of capital
stock is owned by Ben Day.
JOSEPH WAYNE SILVIA born 1954. 1989-present active here.
BEN DAY born 1956. 1989-present active here.
CLAIRE WAMEL. Antecedents are undetermined.
Registration & Incorporation
Registered Name:
Silvia construction, inc.
Filing Date
March 31, 1989
Business Type:
Corporation
Registration ID
C1459141
Corporation Type
Profit
Where filed
SECRETARY OF STATE/CORPORATIONS
Date incorporated:
March 31, 1989
DIVISION, SACRAMENTO. CA
State of incorporation-
California
Registered Agent: JOSEPH W SILVIA, 9007 CENTER AVE.
Status.
Active
RANCHO CUCAMONGA, CA, 917300000
Principals:
JOSEPH W SILVIA, PRESIDENT, 1837
ALBRIGHT WAY. UPLAND, CA. 917840000
Corporate and business reg
istrations provided by management or other sou ice
Company Operations
Description: Contractor of highway and street work, specializing in highway or street paving (100%).
Contracts call for
Terms are contractual basis. Sells to government Territory: Statewide.
Nonseasonal.
Employees: 50-100 which includes officer(s)
Facilities: Owns 10,000 sq. ft. in frame building
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D&B Comprehensive Insight Plus Report: SILVIA CONSTRUCTION, INC.
Location: Industrial section on side street
Industry Classification
SIC NAICS
16110204 Highway and street paving contractor 237310 Highway,Street and Bridge
Construction
Based on information in our file. D&B has assigned this company an extended 8-digit SIC D&B's use of 8-digit SICs enables us to be more speck
to a company's operations than it we use the standard 4-digit code.
The 4-digit SIC numbers link to the description on the Occupational Safety & Health Administration (OSHA) Web site Links open in a new browser
window.
Company Snapshot Creditworthiness Payment History & Trends Public Filings History & Operations Banking & Finance
Banking & Finance
Key Business Ratios
Statement date: Dec 31 2006
Industry Norms based on 57 establishments
This Business Industry Median
Industry Quartile
Profitability
Return on Sales
3.0 42
3
Return on Net Worth
42.7 24.4
1
Short-Term Solvency
Current Ratio
1.3 1.6
3
Quick Ratio
1.2 1 0
2
Efficiency
Assets Sales
278 47.9
1
Sales / Net Working Capital
23.8 10.3
1
Utilization
Total Liabilities / Net Worth
296-5 116.2
4
Finance
08/25/2008
Two-year statement comparative
Fiscal Dec 31 2004
Fiscal Dec 31 2006
Current Assets
4,026,586
6,445.968
Current Liabs
3,180,380
5,156,220
Current Ratio
1.27
1.25
Working Capital
846,206
1,289,748
Other Assets
1,615, 820
2,092,430
Net Worth
1,421,845
2,153,450
Sales
24.225,311
30,663,362
Long Term Liab
1,040,181
1,228,728
Net Profit (Loss)
327,621
919,606
Fiscal statement dated DEC 31 2006:
Assets
Liabilities
Cash
2,787,989
Accts pay
2,966,687
Accts rec
3,559,266
Acconts payable-retentions
248,647
Inventory
16,044
Accruals
266,556
Costs in excess of billings
51.587
Taxes
22,319
Other curr assets
31,082
Notes payable-stockholder
18,285
Anticipated shareholders drawings
350.000
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D&B Comprehensive Insight Plus Report: SILVIA CONSTRUCTION, INC.
Other curr liabs
1.283, 726
Current Assets $6,445,968
Current Liabilities
$5,156,220
Fixt & equip
2,082,290
Notes payable & lease obligs-net
1,228,728
Loan fees-net
1.691
Capital stock
199,800
Deposits
8,449
Addit. pd.-in cap
22,274
Retained earnings
1,931.376
Total Assets $8,538,398
Total Liabilities
$8,538,398
From JAN 01 2006 to DEC 31 2006 annual sales $30.663.362. cost of goods sold $27,669,434 Gross profit $2,993,928, operating
expenses $1,960,548 Operating income $1,033,380: other expenses $101.079; net income before taxes $932,301. Federal income
tax $12,695. Net income $919,606.
Extent of audit, if any, not indicated.
Fixed assets shown net less $3,236,431 depreciation.
On August 26, 2008, attempts to contact the management of this business have been unsuccessful. Outside sources confirmed
operation and location
Company Snapshot Creditworthiness Payment History & Trends Public Filings History & Operations Banking & Finance
Customer Service
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Copyright 2004 Dun & Bradstreet - Provided under contract for the exclusive use of subscnber Chris Marcarello, City of Rosemead
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